Imprisoned man files appeal
February 3, 2022
Tyler J. Napier, 33, who was sentenced Dec. 22, 2021, to concurrent 24-month and 12-month terms in prison by the Honorable Mark Johnson, was back in the Antelope County district courtroom last Wednesday, Jan. 26, accompanied by his court-appointed attorney, Martin Klein of Neligh.
Notice of appeal was filed Jan. 13 by Klein and accepted by the Nebraska Court of Appeals/Nebraska Supreme Court. In appeal filings, Napier asserted the sentencing was excessive.
Johnson denied Napier’s request to suspend sentence and release him on bond during the appeal process. The judge approved release of the presentence investigation report to counsel for use in the appeal. He also sustained motions to proceed in forma pauperis, with fees and costs to be paid by Antelope County. Court transcripts were released to the appeal court.
Napier was convicted, in October 2021, of terroristic threats, a Class 3 A felony, and third-degree assault, a Class 1 misdemeanor.