S-12-0525, State v. Armon M. Dixon (Appellant)
Lancaster County, Judge Jodi Nelson
Attorneys: Shawn Elliott (Public Defender’s Office) --- Kimberly Klein (Attorney General’s Office)
Criminal: First degree sexual assault; use of a weapon; robbery; habitual criminal
Proceedings below: This case was previously before the Supreme Court. See S-10-0885, State v. Dixon (Appeal dismissed; memorandum opinion). Appellant was found guilty by jury verdict of the above crimes and sentenced 35 to 60 years for first degree sexual assault; a consecutive term of 35 to 60 years for use of a weapon, a consecutive term of 10 to 20 years for robbery.
Issues: The district court erred in failing to grant Appellant's motion for mistrial when the prospective jurors may have seen Appellant in visible restraints during voir dire. II. The district court erred in failing to grant Appellant's motion for mistrial when the State elicited testimony from a police officer that violated the court's order prohibiting the presentation of § 404 evidence. III. The district court erred in failing to sustain Appellant's motion to suppress evidence of identification, and in subsequently admitting said evidence. IV. The district court erred by failing to sustain his motion for a directed verdict at the conclusion of all the evidence.
V. The district court erred in determining that Appellant was a habitual criminal when the State did not provide sufficient proof that the proffered prior convictions belonged to him. VI. The district court erred in applying the penalty provision of Neb. Rev. Stat. S 29-2221(1)(a) based upon a purported prior conviction for aiding and abetting first degree assault. VII. The district court erred by imposing an excessive sentence.
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