State v. Aguilar

Case Number(s)
A-23-0389
Court Number
Sarpy
Call Date
Case Time
Case Audio
Case Summary

A-23-0389, State of Nebraska v. Anthony J. Aguilar (Appellant)

District Court for Sarpy County, District Judge Stefanie A. Martinez

Attorney for Appellant:  W. Randall Paragas (Paragas Law Offices)

Attorneys for Appellee:  Michael T. Hilgers & Jacob M. Waggoner (Attorney General’s Office)

Criminal Action:  Manufacturing a controlled substance (marijuana), possession of a firearm while in violation of Neb. Rev. Stat. § 28‑416(1) (Reissue 2016), and possession of marijuana (more than a pound)

Action taken by the Trial Court:  Aguilar filed a motion to suppress evidence obtained during a search of his residence. His motion outlined that police were called to the residence about a parking violation; that they entered the residence “ostensibly” to check him; that police observed growing marijuana plants, a gun and ammunition, and other evidentiary items inside the residence; and that police then obtained a search warrant based on information gained from “unconstitutional searches and seizures.” The trial court denied Aguilar’s motion to suppress. Following a bench trial on stipulated facts, the court found Aguilar guilty of manufacturing a controlled substance (marijuana), possession of a firearm while in violation of § 28-416(1), and possession of marijuana (more than a pound).

Assignment of Error on Appeal: Did the trial court err in denying Aguilar’s motion to suppress?

Case Location
Lincoln
Court Type
District Court
Schedule Code
A1
Panel Text
Moore, Bishop, and Arterburn, Judges