A-21-1036, State of Nebraska v. January T. Wheeler (Appellant)
Lancaster County District Court, Judge Lori A. Maret
Attorney for Appellant: Timothy S. Noerrlinger
Attorney for Appellee: Melissa R. Vincent (Attorney General’s Office)
Criminal Action: First degree assault (Count 1), Use of a firearm to commit a felony (Count 2), and Possession of a firearm by a prohibited person (Count 3).
Action Taken by the Trial Court: After jury trial, Appellant was found guilty on Count 3, possession of a firearm by a prohibited person, and Appellant was acquitted on Count 1 and Count 2. Following a presentence investigation, Appellant was sentenced to 25 to 30 years of incarceration on Count 3.
Assignments of Error on Appeal: Appellant assigns that the district court erred in (1) entering a guilty verdict on Count 3 without sufficient evidence, (2) preventing Appellant’s trial counsel from impeaching certain witnesses with extrinsic evidence, and (3) imposing an excessive sentence. Appellant further raises, through new counsel, five claims of ineffective assistance of trial counsel.