State v. Nejezchleb

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Nebraska Court of Appeals Advance Sheets
33 Nebraska Appellate Reports
STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
State of Nebraska, appellee, v.
Amy Nejezchleb, appellant.
___ N.W.3d ___
Filed June 17, 2025. 	No. A-24-696.
1. Trial: Appeal and Error. An issue not presented to or decided on by
the trial court is not an appropriate issue for consideration on appeal.
2. Convictions: Evidence: Appeal and Error. In reviewing a criminal
conviction for sufficiency of the evidence, whether the evidence is
direct, circumstantial, or a combination thereof, the standard is the same:
An appellate court does not resolve conflicts in the evidence, pass on
the credibility of witnesses, or reweigh the evidence; such matters are
for the finder of fact. The relevant question is whether, after viewing the
evidence in the light most favorable to the prosecution, any rational trier
of fact could have found the essential elements of the crime beyond a
reasonable doubt.
3. Sentences: Appeal and Error. An appellate court will not disturb a sen-
tence imposed within the statutory limits absent an abuse of discretion
by the trial court.
4. Judgments: Words and Phrases. An abuse of discretion occurs when a
trial court’s decision is based upon reasons that are untenable or unrea-
sonable or if its action is clearly against justice or conscience, reason,
and evidence.
5. Trial: Evidence: Appeal and Error. On appeal, a defendant may not
assert a different ground for his or her objection than was offered at
trial. Unless an objection to offered evidence is sufficiently specific to
enlighten the trial court and enable it to pass upon the sufficiency of
such objections and to observe the alleged harmful bearing of the evi-
dence from the standpoint of the objector, no question can be presented
therefrom on appeal.
6. Trial: Waiver: Appeal and Error. A litigant’s failure to make a timely
objection waives the right to assert prejudicial error on appeal.
7. Appeal and Error. An appellate court will not consider an argument or
theory that is raised for the first time on appeal. Thus, when an issue is
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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
raised for the first time in an appellate court, it will be disregarded inas-
much as a lower court cannot commit error in resolving an issue never
presented and submitted to it for disposition.
8. Bad Checks: Intent: Fraud. To be found guilty of issuing a bad check,
an intent to defraud must exist at the time an individual issues the
insufficient-fund check.
9. Convictions: Judgments. The plain language of Neb. Rev. Stat.
§ 29-2292(1) (Cum. Supp. 2024) requires that the defendant be found
guilty before making a request of the court to defer the entry of the judg-
ment of conviction.
10. Sentences: Appeal and Error. When sentences imposed within statu-
tory limits are alleged on appeal to be excessive, the appellate court
must determine whether the sentencing court abused its discretion in
considering well-established factors and any applicable legal principles.
11. Criminal Law: Courts: Sentences. Under Neb. Rev. Stat. § 29-2292
(Cum. Supp. 2024), after a defendant is found guilty, the final disposi-
tion of the criminal case remains with the sentencing court and subject
to its discretion. At each stage of the deferred judgment process, the par-
ties can present their arguments to the court, but the sentencing decision
remains with the court.
Appeal from the District Court for Douglas County: Duane
C. Dougherty, Judge. Affirmed.
Thomas C. Riley, Douglas County Public Defender, and
Caroline E. Sojka for appellant.
Michael T. Hilgers, Attorney General, and Jordan Osborne
for appellee.
Riedmann, 	Chief 	Judge, 	and 	Moore 	and 	Arterburn,
Judges.
Arterburn, Judge.
I. INTRODUCTION
After a bench trial in the district court for Douglas County,
Amy Nejezchleb was convicted of one count of issuing a bad
check, $5,000 or more, and was sentenced to 2 years’ proba-
tion. Nejezchleb appeals and assigns error to an evidentiary
ruling, the sufficiency of the evidence to support her convic-
tion, and her sentence. For the reasons that follow, we affirm.

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Nebraska Court of Appeals Advance Sheets
33 Nebraska Appellate Reports
STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
II. BACKGROUND
On November 6, 2023, the State filed an information charg-
ing Nejezchleb with one count of issuing a bad check, $5,000
or more, a Class IIA felony. The charge arose from an incident
that occurred on May 27, 2023, wherein Nejezchleb pur-
chased several items from Bravadas, a wig and hair restora-
tion store in Omaha, Nebraska. Nejezchleb wrote a check to
Bravadas for $5,817.89 from her Centris Federal Credit Union
(Centris) checking account. A few days later, Bravadas’ bank
returned the check due to insufficient funds in Nejezchleb’s
account. Employees from both Bravadas and Centris contacted
Nejezchleb and informed her that the check did not clear due
to insufficient funds. Nejezchleb denied that her account had
insufficient funds, declined to offer Bravadas a different form
of payment, and did not return the items.
Trial commenced on May 13, 2024. Nejezchleb repre-
sented herself, but standby counsel was appointed for her.
The evidence adduced at trial consisted of testimony from the
Bravadas store manager and store owner, the police officer
who responded to Bravadas’ fraud report, the investigating
detective, several Centris employees, and Nejezchleb. The
State offered several exhibits into evidence, including a copy
of the tendered check; a copy of the Bravadas sales receipt;
photographs of the items sold to Nejezchleb; a notice from
Bravadas’ bank that the check was not processed due to insuf-
ficient funds; Nejezchleb’s banking statements from April,
May, and June 2023; and several Centris records, notes, and
notices concerning Nejezchleb’s banking account and activity.
Jenny Lambert is the Bravadas store manager and was
working on May 27, 2023, when Nejezchleb visited the store.
Lambert testified that she helped Nejezchleb try on several
wigs and estimated that her interaction with Nejezchleb lasted
for roughly an hour. Once Nejezchleb was satisfied with her
selections, Lambert conducted the final sale.
Lambert testified that Nejezchleb purchased three wigs
and some assorted wig accessories. Nejezchleb’s subtotal was

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
$5,450.36, which included $200 in tips Nejezchleb left for
Lambert and another Bravadas employee. Lambert explained
that depending on the style, brand, and type of hair used
(synthetic versus human), wigs could vary drastically in price.
One of the human-hair wigs Nejezchleb purchased was priced
at $2,699.
After taxes were applied, Nejezchleb’s grand total was
$5,817.89. Nejezchleb provided payment in the form of a
check. At that time, Bravadas’ store policy was to confirm that
all necessary information was listed on the check and to write
the customer’s phone number and driver’s license number on
the check. Nejezchleb complied with this policy. The sales
receipt Bravadas provided to Nejezchleb included the store’s
exchange and return policy, which stated that unsatisfied cus-
tomers could exchange or return unused items within 2 days
of the purchase date.
On June 6, 2023, Lambert was notified that Nejezchleb’s
check was returned due to insufficient funds in her account.
The following day, Lambert called Nejezchleb with the phone
number provided on the tendered check. Lambert informed
Nejezchleb of the returned check and requested a new form
of payment. Nejezchleb claimed that the products she pur-
chased were defective and that the returned check was a
refund. Lambert told Nejezchleb that if she desired a refund,
she needed to abide by the store’s return policy and return
the products. Nejezchleb responded that the store was in the
wrong and hung up. Lambert then contacted Scott Stark, the
Bravadas store owner.
Stark testified that after Lambert informed him of the
situation, he called Nejezchleb himself. Stark testified that
Nejezchleb told him that he was bothering her, that the prob-
lem had been solved, and that he needed to forget about it and
move on. Nejezchleb then hung up. Stark attempted to call
Nejezchleb back to no avail.
At some point thereafter, Bravadas contacted the Omaha
Police Department. On June 23, 2023, a police officer was

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
dispatched to the store and took a statement from Lambert.
Lambert provided the officer with the tendered check and the
itemized sales receipt.
Det. Kelly Nownes was assigned to the case on June 28,
2023. Nownes issued subpoenas to Centris for Nejezchleb’s
account statements dating back to April 2023 and for inter-
nal 	communications 	and 	records 	concerning 	Nejezchleb’s
account activity. Nownes also contacted Nejezchleb on July
7 and explained that she was investigating the returned check.
Nejezchleb 	asserted 	that 	the 	check 	had 	cleared. 	Nownes
responded 	that 	Nejezchleb’s 	bank 	records 	showed 	other-
wise. Nownes informed Nejezchleb that if the situation were
resolved quickly, a warrant for her arrest would not be issued.
Nejezchleb laughed and said, “I don’t think so,” and then she
hung up. A warrant for Nejezchleb’s arrest was subsequently
issued and executed.
Jason Soma, a financial services representative for Centris,
testified that in April 2023, he assisted Nejezchleb in setting
up a checking and savings account. Soma testified that when
members open new accounts, they are informed of Centris’
overdraft policies. One such policy is when a transaction trig-
gers an overdraft or nonsufficient funds alert, a fee is assessed
to the member’s account and an expectation arises that the
account will be “brought back [to] current.”
On May 24, 2023, Nejezchleb contacted Soma to discuss
several $35 nonsufficient funds fees assessed to her account.
Soma reviewed Nejezchleb’s account transactions to ensure
that no fraud appeared on her account and that all transactions
were legitimate. Because her account was only 1 month old,
Soma was able to analyze Nejezchleb’s entire account his-
tory. At that time, she had a negative balance of roughly $359.
Nejezchleb confirmed that every transaction was legitimate but
insisted that there should have been a positive balance in her
account. Soma informed her that to the contrary, there was no
money in the account. Three days later, Nejezchleb wrote the
check to Bravadas.

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
Ashley Goodsell, a fraud analyst at Centris, became famil-
iar with Nejezchleb on June 5, 2023. The Centris payment
department reached out to Goodsell because there were two
checks with large dollar amounts attempting to clear through
Nejezchleb’s account, which had a negative balance. The first
check was made out to Bravadas, and the second check was a
“self-to-self check” totaling $500,000. The “self-to-self check”
was written by Nejezchleb to herself.
Goodsell confirmed that Nejezchleb’s account had a nega-
tive balance of over $350. Goodsell then performed a “holistic
review” of Nejezchleb’s account, reviewing information such
as Nejezchleb’s normal account balance, how often she was
in overdraft, how often she contacted the bank, and how often
she accessed online banking services. Goodsell testified that
when a member accesses online banking services, it indicates
that the member is aware of his or her balance. Based on
Nejezchleb’s online banking activity, Goodsell described her
as an “active member,” meaning she accessed online banking
services once every 2 to 5 days.
After reviewing this information, Goodsell called Nejezchleb
to obtain a deeper understanding of her account activity.
Goodsell described the phone call as “very short.” Goodsell
identified herself as a fraud analyst for Centris, confirmed that
she was speaking to Nejezchleb, and described the concerning
check activity on Nejezchleb’s account. Nejezchleb responded
that she had already discussed the matter with Soma and that
he was “taking care of it.” Goodsell attempted to emphasize
the seriousness of the matter when Nejezchleb began laughing
and hung up. Goodsell then reached out to Soma. Soma stated
that he had informed Nejezchleb of her overdraft status and
noted that Nejezchleb was adamant that Centris was somehow
at fault for her negative balance.
Goodsell wrote an evaluation detailing her research and her
concern that Nejezchleb was abusing her account in such a
way that could cause financial loss to Centris. Goodsell rec-
ommended that Nejezchleb’s account be placed on “limited

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
services” status for abusive conduct. Limited services status
results in members losing their cards, losing the ability to
write checks from checking accounts, and losing access to
online banking. Further, any positive balance that remains
in a member’s checking account is transferred to a savings
account. Nejezchleb was ultimately placed on limited services.
Goodsell notified Nejezchleb of her limited services status on
June 5, 2023, via letter.
Nejezchleb testified in her defense, and she admitted to
writing the check to Bravadas for $5,817.89. She testified that
when she issued the check to Bravadas, she believed she had
more money in her account than what her account statements
reflected. She continued to hold this belief at the time of trial.
Nejezchleb testified that a few days after she wrote the
check to Bravadas, she wrote a second check to another
store for $3,000, which passed the “automatic check reader”
machine. Nejezchleb testified that because this second check
“went through,” she believed she had the necessary funds in
her account to cover both check amounts. She offered the
second check as an exhibit, which was received by the court
without objection.
Nejezchleb generally recalled having a conversation with
Soma in late May 2023 about balancing her account, but she
did not recall Soma mentioning an issue of insufficient funds.
Nejezchleb 	also 	recalled 	her 	conversation 	with 	Goodsell,
including their discussion of the two checks that were not
clearing due to insufficient funds in her account. At the time
of trial, Nejezchleb had not made any attempt to pay Bravadas
the amount due, nor had she returned any of the wigs or
accessories.
The court ultimately found Nejezchleb guilty of issuing
a bad check, $5,000 or more. The court ordered a presen-
tence investigation report (PSR) and scheduled the matter for
sentencing.
The PSR revealed that at the time of sentencing, Nejezchleb
was 44 years old. The report indicates that Nejezchleb is a

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
highly educated person and has worked in several academic
settings. According to her curriculum vitae, she has a master’s
degree and a doctorate degree in English.
Nejezchleb was previously employed at Bellevue University
as a writing center coordinator and an adjunct faculty member.
In August 2021, she was fired from the university due to a
disagreement she had with the dean. Thereafter, Nejezchleb
falsely announced online that she was the university’s new
president and attempted to hire new employees for the school.
Nejezchleb has two children who live with their father,
who is her ex-husband. In December 2021, Nejezchleb’s ex-
husband filed a motion requesting temporary care, custody,
and control over their minor children. In the motion, he
alleged that Nejezchleb believed that she was being recruited
by the Central Intelligence Agency. He further alleged that
Nejezchleb had a premonition that he had died and told their
children that he was dead, which caused them distress. His
motion was granted, and in later proceedings, he was granted
sole legal and physical custody of the children. In June 2024,
he sought a harassment protection order against Nejezchleb.
Nejezchleb 	has 	no 	prior 	criminal 	history. 	However, 	in
December 2021, she had at least four police interactions
wherein she exhibited concerning and delusional behavior.
Each of these incidents occurred at Bellevue University, and
as a result, Nejezchleb was banned and barred from the prem-
ises. Several criminal cases arose from these incidents in
Sarpy County, but in February 2022, Nejezchleb was found
not competent to stand trial. She was committed to a psychiat-
ric hospital for inpatient treatment. In June 2022, Nejezchleb
was deemed competent, but the cases were not pursued by
the State.
Nejezchleb’s overall test scores indicated she had a low
risk 	of 	recidivism. 	However, 	her 	behavioral 	test 	scores
revealed that she tends to be defensive and guarded regard-
ing self-disclosure, thus creating the possibility of distorted
test results. The behavioral test scores also showed that

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
Nejezchleb exhibited antisocial behavior and struggled with
truthfulness. As a result of her mental health screening, the
probation office recommended further consultation with men-
tal health professionals.
Nejezchleb reported a history of stress, suicidal ideations,
and insomnia. The report indicates that Nejezchleb mini-
mized her health problems and denied experiencing delu-
sions. Nevertheless, in an effort to reunite with her children,
Nejezchleb expressed a willingness to engage in medication
management and counseling services.
In her statement regarding the current offense, Nejezchleb
maintained her innocence. She continued to assert that there
were or should have been sufficient funds in her account
to clear the check she tendered to Bravadas. However, she
admitted that she received several notifications concerning her
account’s insufficient funds to satisfy the check.
The probation office ultimately recommended a sentence of
probation. The report emphasized that Nejezchleb should avail
herself of treatment interventions to assist her in living a suc-
cessful life. However, it was noted that Nejezchleb’s tenden-
cies to deny and minimize her mental health struggles could
make it difficult for her to receive therapeutic treatment.
At sentencing, Nejezchleb was represented by counsel and
asked the court to defer the entry of judgment of convic-
tion. The State argued against a deferred judgment due to
Nejezchleb’s failure to take accountability for her actions. The
matter was then submitted to the court.
The district court stated that it had reviewed the PSR and
considered the relevant sentencing factors. The court spe-
cifically noted that Nejezchleb did not have any prior criminal
convictions and that the present offense did not involve any
violence, guns, or drugs. The court then made the following
remarks:
[I]t’s going to be my finding that I am going to place
you on probation. I don’t find you as a good candidate
for deferred probation though. Yes, you have a right to

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
a trial. But I see deferred probation, and when I read the
statutes, as something somebody avails themselves of
prior to trial. I certainly don’t hold it against you that you
had a trial. I think that’s your right, and I’m here for that
reason. But there are some concerns out of the [PSR].
And also I don’t believe, in my opinion, it would be
appropriate to put you on deferred probation that is; lack
of accountability and responsibility and what have you.
The 	court 	sentenced 	Nejezchleb 	to 	2 	years’ 	probation.
Nejezchleb appeals.
III. ASSIGNMENTS OF ERROR
Nejezchleb assigns that (1) the district court erred in admit-
ting business records because the certifications were testimo-
nial and violated the Confrontation Clause, (2) the evidence
presented at trial was insufficient to support her conviction,
and (3) the district court abused its discretion by not imposing
a sentence of deferred judgment probation.
IV. STANDARD OF REVIEW
[1] An issue not presented to or decided on by the trial
court is not an appropriate issue for consideration on appeal.
State v. Yah, 317 Neb. 730, 11 N.W.3d 632 (2024).
[2] In reviewing a criminal conviction for sufficiency of
the evidence, whether the evidence is direct, circumstantial,
or a combination thereof, the standard is the same: An appel-
late court does not resolve conflicts in the evidence, pass on
the credibility of witnesses, or reweigh the evidence; such
matters are for the finder of fact. Id. The relevant question is
whether, after viewing the evidence in the light most favor-
able to the prosecution, any rational trier of fact could have
found the essential elements of the crime beyond a reasonable
doubt. Id.
[3,4] An appellate court will not disturb a sentence imposed
within the statutory limits absent an abuse of discretion by
the trial court. State v. Ezell, 314 Neb. 825, 993 N.W.2d 449
(2023). An abuse of discretion occurs when a trial court’s

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
decision is based upon reasons that are untenable or unreason-
able or if its action is clearly against justice or conscience,
reason, and evidence. Id.
V. ANALYSIS
1. Evidentiary Ruling
(a) Additional Background
Before trial, the State motioned for “notice of intent” to
offer business records evidence pursuant to Neb. Rev. Stat.
§§ 27-803(6)(a) and 27-902(11) (Cum. Supp. 2024). At a
hearing on the motion, the State offered exhibits 1 through
14 as business records. Exhibits 1, 6, and 12 were affidavits
from a records document processor for Centris, regarding the
documents Centris provided in response to the police subpoe-
nas. Exhibit 8 was the affidavit of an employee of Security
National Bank, which stated that the records the bank provided
were kept in the course of regularly conducted business activ-
ity. The remaining business records exhibits offered by the
State included Nejezchleb’s banking statements and records
from April and May 2023, Centris’ internal banking records
and notes concerning Nejezchleb’s account, notices sent to
Nejezchleb concerning her banking activity and status, a copy
of the check written by Nejezchleb to Bravadas, and a notice
sent from Security National Bank to Bravadas that Nejezchleb’s
check was not processed due to insufficient funds.
Nejezchleb represented herself at the hearing and confirmed
that she had an opportunity to review the exhibits. She raised
objections to exhibit 5, the report written by Goodsell concern-
ing Nejezchleb’s account activity. The report detailed events,
including Nejezchleb’s check history, which eventually led
to placing Nejezchleb on limited services status. Nejezchleb
objected to this exhibit because it mentioned a bank account
she used to share with her ex-husband. Nejezchleb elaborated
that she was also
objecting under the reason of 404(b), evidence of other
cases or wrongs that are currently in process within

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
Douglas County. I would also like to object based on
Federal Rule for Evidence 704(b), which is with respect
to the mental state or condition of the . . . case. Later in
this record, it says stuff about aggressive behavior.
The district court noted that while the Federal Rules of
Evidence were not applicable in this case, it was likely that
there were similar, applicable state rules. Thus, the court took
the matter under advisement to review the applicable Nebraska
Evidence Rules. The court ultimately entered an order over-
ruling Nejezchleb’s objection to exhibit 5. The court received
exhibits 1 through 14 into evidence for purposes of being used
at trial pursuant to §§ 27-803(6)(a) and 27-902(1l).
At trial, Nejezchleb objected to several of the State’s exhib-
its. She again raised her pretrial objections to exhibit 5, which
were overruled. She objected to exhibit 2, a form she filled
out in April 2023 to open a new account with Centris. On the
form, Nejezchleb’s employer is listed as Bellevue University
and her occupation is listed as writing center coordinator.
Nejezchleb argued that the form was not a fair and accurate
representation of her application. She explained that during the
application process, she stated that she was not truly employed
by Bellevue University or working as a writing center coor-
dinator. The court received the exhibit over her objections
and indicated that she could cross-examine the witness on
that issue.
Exhibit 13 consisted of notes from Centris’ internal database
concerning Nejezchleb’s account and transactions. Nejezchleb
objected to this exhibit “as a result of inadmissibility.” The
court overruled the objection and received the exhibit.
Exhibit 31 was Nejezchleb’s June 2023 checking account
statement. Nejezchleb objected to this exhibit because the State
did not offer it as a business record at the pretrial hearing.
The court overruled that objection and asked if Nejezchleb
had any other objections. Nejezchleb did not, and the exhibit
was received.

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STATE v. NEJEZCHLEB
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Exhibit 33 was a record of Nejezchleb’s online banking
activity. Nejezchleb’s standby counsel objected to this exhibit
and argued that the document the State offered was not the
same document that was provided to Nejezchleb prior to trial.
On this basis, the court did not receive exhibit 33.
(b) Analysis
Nejezchleb argues that the district court erred in admitting
the business records because the affidavits used to certify the
records, exhibits 1, 6, 8, and 12, were testimonial and violated
the Confrontation Clause. Nejezchleb specifically asserts that
because she was not given an opportunity to cross-examine
the witnesses who authored the affidavits, her right to confront
these individuals was violated. The State counters that this
assignment of error is not properly preserved for appellate
review because during the proceedings below, Nejezchleb did
not object to any exhibits on Confrontation Clause grounds.
After reviewing the record, we agree with the State.
[5] On appeal, a defendant may not assert a different ground
for his or her objection than was offered at trial. State v. Swindle,
300 Neb. 734, 915 N.W.2d 795 (2018). Unless an objection to
offered evidence is sufficiently specific to enlighten the trial
court and enable it to pass upon the sufficiency of such objec-
tions and to observe the alleged harmful bearing of the evi-
dence from the standpoint of the objector, no question can be
presented therefrom on appeal. Id.
Nejezchleb’s argument concerning the admission of the busi-
ness records, in violation of the Confrontation Clause, is not
properly before us because the issue was not presented to the
district court. Nejezchleb did not object to exhibits 1, 6, 8, or
12 at the pretrial hearing or at trial. Further, at no point in the
proceedings below did she request an opportunity to confront
the witnesses who authored those affidavits.
Although 	Nejezchleb 	did 	raise 	objections 	to 	some 	of
the business records, a careful review of those objections
reveals that not one was based upon the Confrontation Clause.

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Nejezchleb objected to exhibit 2 based on her contention that
the employment information contained therein was inaccurate.
She objected to exhibit 5 based on its references to a prior
bank account, a separate case, and “behavior.” Her objection
to exhibit 13 was nothing more than a vague assertion of
inadmissibility. These objections did not raise Confrontation
Clause issues.
[6,7] A litigant’s failure to make a timely objection waives
the right to assert prejudicial error on appeal. State v. Johnson,
314 Neb. 20, 988 N.W.2d 159 (2023). An appellate court will
not consider an argument or theory that is raised for the first
time on appeal. Id. Thus, when an issue is raised for the first
time in an appellate court, it will be disregarded inasmuch as
a lower court cannot commit error in resolving an issue never
presented and submitted to it for disposition. Id. We con-
clude that Nejezchleb failed to preserve this issue for appel-
late review.
2. Sufficiency of Evidence
Nejezchleb argues that the evidence presented at trial was
insufficient to find her guilty of issuing a bad check, $5,000
or more, beyond a reasonable doubt. She specifically argues
that there was insufficient testimony to show that she had
knowledge of insufficient funds in her bank account.
In reviewing a criminal conviction for sufficiency of the
evidence, whether the evidence is direct, circumstantial, or a
combination thereof, the standard is the same: An appellate
court does not resolve conflicts in the evidence, pass on the
credibility of witnesses, or reweigh the evidence; such mat-
ters are for the finder of fact. State v. Yah, 317 Neb. 730, 11
N.W.3d 632 (2024). The relevant question is whether, after
viewing the evidence in the light most favorable to the pros-
ecution, any rational trier of fact could have found the essential
elements of the crime beyond a reasonable doubt. Id.
Neb. Rev. Stat. § 28-611(1) (Cum. Supp. 2024) states:
Whoever obtains property, services, . . . or present value
of any kind by issuing or passing a check . . . for the

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STATE v. NEJEZCHLEB
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payment of money, knowing that he or she does not have
sufficient funds in or credit with the drawee for the pay-
ment of the check . . . commits the offense of issuing a
bad check.
If the amount of the check is $5,000 or more, the offense is
a Class IIA felony. See § 28-611(1)(a). Because Nejezchleb
contests only the State’s evidence regarding her knowledge of
insufficient funds, we, too, focus our analysis on this element.
[8] An intent to defraud must exist at the time an individual
issues an insufficient-fund check. See State v. Hruza, 223 Neb.
837, 394 N.W.2d 643 (1986). In any prosecution for issuing a
bad check, the person issuing the check shall be presumed to
have known that he or she did not have sufficient funds in the
drawee for the payment of the check in full upon presentation
if, within 30 days after issuance of the check, he or she was
notified that the drawee refused payment for lack of funds and
he or she failed within 10 days after such notice to make the
check good. § 28-611(6).
After reviewing the evidence in a light most favorable to
the State, we find that the evidence was sufficient to find
Nejezchleb guilty of issuing a bad check, $5,000 or more. The
State provided robust evidence demonstrating Nejezchleb’s
knowledge of the insufficient funds in her account. During the
30-day period after Nejezchleb issued the check, there were
three instances where she was notified that the check was
returned due to insufficient funds.
On June 5, 2023, 9 days after Nejezchleb issued the check,
Goodsell contacted Nejezchleb to discuss her negative account
balance and the two checks that were attempting to clear her
account, one of which was the check made out to Bravadas. At
trial, Nejezchleb recalled this conversation in full. Following
this conversation, Goodsell sent Nejezchleb a notice that due
to her concerning account activity, she was placed on limited
services.
On June 7, 2023, 11 days after Nejezchleb issued the check,
the Bravadas store manager called Nejezchleb and notified

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her that the check was returned due to insufficient funds. On
that same day, Nejezchleb received a call from the Bravadas
store owner, also notifying her about the returned check.
Nejezchleb ended each of these phone calls abruptly without
resolving the issue.
Nejezchleb failed “to make the check . . . good” or pro-
vide an alternative form of payment within 10 days after each
notice. See § 28-611(6). Thus, under § 28-611(6), it may be
presumed that Nejezchleb knew that she did not have sufficient
funds for the payment of the check in full upon presentation.
But even without this statutory presumption, a fact finder
could have still found that Nejezchleb knew that her account
had insufficient funds to satisfy the full check amount. On
May 24, 2023, 3 days before writing the check, Nejezchleb
spoke with Soma to discuss several nonsufficient funds fees
assessed to her account. At that time, Nejezchleb had a nega-
tive balance of roughly $359, and Soma informed Nejezchleb
that there was no money in her account.
Additionally, Goodsell testified that Nejezchleb was an
active online banking member, meaning that she logged onto
her online account once every 2 to 5 days. Goodsell testified
that when a member accesses online banking services, it indi-
cates that the member is checking his or her account balances.
Nejezchleb’s account statements throughout late May and
early June 2023 show that during this time, her account often
had a negative balance. On May 25, 2023, her account was
briefly “brought back [to] current,” but that balance did not
exceed $5,000. Additionally, after a series of withdrawals over
the following 6 days, her account once again had a negative
balance. Viewing this evidence in a light most favorable to the
State, a fact finder could reasonably conclude that Nejezchleb
knew prior to issuing the check to Bravadas that she did not
have the sufficient funds to do so.
For these reasons, we find that there was sufficient evidence
to find Nejezchleb guilty of issuing a bad check, $5,000 or
more. This assignment of error is without merit.

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
3. Sentencing Determination
Nejezchleb asserts that the district court abused its discre-
tion by not imposing a sentence of “deferred judgment proba-
tion.” She argues that the court misinterpreted the deferred
judgment statute and incorrectly concluded that a defendant
must request deferred judgment before trial. She argues that
deferred judgment can apply when a defendant pleads guilty or
when a defendant proceeds to trial and is found guilty.
The State concedes that the district court remarked that
a deferred judgment is “something somebody avails them-
selves of prior to trial.” However, the State argues that it is
unnecessary for this court to assess the validity of that state-
ment because the court did not base its denial of Nejezchleb’s
request for a deferred judgment on the fact that Nejezchleb
went to trial. Instead, the State asserts that the court based
its sentencing determination on relevant sentencing factors,
including Nejezchleb’s failure to take accountability for the
crime and concerning information contained in the PSR.
[9] Neb. Rev. Stat. § 29-2292(1) (Cum. Supp. 2024) states:
Upon a finding of guilt for which a judgment of convic-
tion may be rendered, a defendant may request the court
defer the entry of judgment of conviction. Upon such
request and after giving the prosecutor and defendant the
opportunity to be heard, the court may defer the entry of
a judgment of conviction and the imposition of a sentence
and place the defendant on probation, upon conditions as
the court may require under section 29-2262.
The district court’s remark that suggests a defendant should
request a deferred judgment prior to trial is inaccurate. The
Nebraska Supreme Court has held that the plain language
of § 29-2292(1) requires that the defendant be found guilty
before making a request of the court to defer the entry of the
judgment of conviction. See State v. Gnewuch, 316 Neb. 47, 3
N.W.3d 295 (2024).
[10] However, our analysis does not end there. Neither
party disputes that Nejezchleb’s sentence of 2 years’ probation

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was within statutory limits. A sentence imposed within the
statutory limits will not be disturbed on appeal in the absence
of an abuse of discretion by the trial court. State v. Thomas,
311 Neb. 989, 977 N.W.2d 258 (2022). When sentences
imposed within statutory limits are alleged on appeal to be
excessive, the appellate court must determine whether the
sentencing court abused its discretion in considering well-
established factors and any applicable legal principles. Id. A
judicial abuse of discretion exists only when a trial court’s
decision is based upon reasons that are untenable or unreason-
able or if its action is clearly against justice or conscience,
reason, and evidence. Id.
[11] Under § 29-2292, after a defendant is found guilty, the
final disposition of the criminal case remains with the sen-
tencing court and subject to its discretion. State v. Gnewuch,
supra. At each stage of the deferred judgment process, the
parties can present their arguments to the court, but the sen-
tencing decision remains with the court. Id. As the Supreme
Court has noted, this is what happens during any sentencing
hearing. Id.
When a court considers a request to defer judgment, it is
required to consider the factors set forth in Neb. Rev. Stat.
§ 29-2260 (Reissue 2016), as well as any other relevant infor-
mation. § 29-2292(3). Section 29-2260 contains the same
factors a court is required to consider when deciding whether
to impose a sentence of probation. These factors include the
amount of harm caused by the crime, substantial grounds pres-
ent to excuse or justify the crime, the victim’s inducement or
facilitation of the crime, whether the offender compensated the
victim for the damages sustained, and whether the offender’s
character and attitude indicates that he or she is unlikely to
commit another crime.
Considering the totality of the circumstances, we cannot
say that the district court abused its discretion in sentencing
Nejezchleb. Before announcing the sentence, the district court
explicitly stated: “I certainly don’t hold it against you that you

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had a trial. I think that’s your right, and I’m here for that rea-
son.” The court explained that it had considered her request for
a deferred judgment but ultimately determined that a sentence
of probation was more appropriate due to concerns present in
the PSR, as well as Nejezchleb’s failure to take accountability
for her actions.
We agree with the district court’s assessment that informa-
tion in the PSR raised concerns about Nejezchleb and her abil-
ity to function successfully in society. Although Nejezchleb
does not have a criminal history, several factors weighed
against a deferred judgment, including her mental health strug-
gles; her increasingly erratic behavior; and, most importantly,
her unwillingness or inability to accept responsibility in this
case. At no point did Nejezchleb seek to compensate Bravadas
for its losses (we acknowledge that Nejezchleb was not ordered
to pay restitution in this case, but nevertheless, compensation
for damages is a factor listed in § 29-2260). To the contrary,
Nejezchleb’s written statement provided to the probation officer
stated her belief that she was innocent of any criminal wrong-
doing, blaming others for her predicament. She contended that
she never received proper notification that her account did not
have sufficient funds to cover the check, despite the evidence
demonstrating that she was repeatedly notified by Bravadas,
Centris, and the police. A sentence of probation is fitting
because it provides Nejezchleb with resources to address her
mental health struggles and also facilitates adequate supervi-
sion to deter further unlawful conduct.
While the district court may have erred in its determina-
tion regarding the appropriate time to request a deferred judg-
ment, it nonetheless provided other reasonable grounds to
deny Nejezchleb’s request for a deferred judgment. Further,
Nejezchleb’s sentence of 2 years’ probation coincides with the
recommendation of the probation office and is well below the
maximum sentence of 20 years’ imprisonment. See Neb. Rev.
Stat. § 28-105 (Cum. Supp. 2024). Having found no abuse of
discretion, we affirm the sentence imposed.

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STATE v. NEJEZCHLEB
Cite as 33 Neb. App. 696
VI. CONCLUSION
For the reasons set forth above, we affirm Nejezchleb’s con-
viction and sentence.
Affirmed.