The Nebraska Court of Appeals has affirmed the conviction of a man found guilty of fleeing officers in a stolen ATV.
Luke LeFever, 35, was found guilty in Dawson County District Court in November 2022 of possession of a firearm by a prohibited person, felony theft, operating a vehicle to avoid arrest, and unauthorized use of a propelled vehicle.
He was later sentenced to 20 to 22 years in prison on the charges.
Authorities said in June 2018, LeFever fought with a Gothenburg Police officer before stealing a UTV and driving away.
A chase ensued before it ended in Lincoln County after LeFever stole a truck.
North Platte Police said shots were fired and eventually LeFever was taken into custody near Hershey.
In his appeal, LeFever claims the District Court did not have jurisdiction over the case because the Nebraska Attorney General’s office did not have the authority to prosecute the case; that the district court erred by failing to provide him a record of the jury selection process and failing to provide an unrequested jury instruction; and ineffective assistance of trial counsel.
LeFever, in his appeal, claims the Attorney General’s office “is only authorized to prosecute a case when it is requested to do so by a court,” which did not take place in his case. In it’s ruling, the appeals court disagreed with LeFever’s assessment.
“No part of [Nebraska statute] limits the authority of the Attorney General to prosecute criminal cases,” the appeals court said. “The Attorney General had the authority to prosecute this case and the district court has subject matter jurisdiction to proceed with the case.”
In its ruling, the appeals court said LeFever claims his trial counsel erred by failing to request a record of the jury selection process, yet failed to request it. The court said such a duty does not exist for such a record to be provided unless it is specifically requested.
The appeals court also ruled that the district court did not err in providing jury instructions and that he did not receive ineffective assistance by his trial counsel.
LeFever is also serving a sentence of 48 to 50 years in the Nebraska Department of Corrections for attempted first-degree murder following a shootout with Howard County Sheriff’s deputies on Dec. 31, 2018.
This sentence is consecutive to the Dawson County charges, as well as a Lincoln County charge of operating a motor vehicle to avoid arrest. The latter charges are being served concurrently to each other.
