Nebraska Court of Appeals November 26, 2002, A-02-155 (State v. Rubek)

Sievers, Judge.

In a question of first impression, we decide whether in a prosecution for violation of a protection order, second offense, the State’s burden of proof includes proof of the first violation of the same order. Russell M. Rubek, Sr., was charged in the district court for Sarpy County with violation of a protection order, second offense, and with being a habitual criminal. See Neb.