State v. Garcia

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State v. Garcia

Case Number
Call Date
March 29, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0361 State of Nebraska (Appellee) v. Nicholas Garcia (Appellant)

Appeal from the District Court for Morrill County, Judge Andrea Miller

Attorneys: Bell Island (Island Law Office) and Siobhan E. Duffy (Attorney General’s Office for Appellee).

Criminal: First Degree Sexual Assault, Sufficiency of the Evidence, and Jury Instructions. 

Proceedings below: After a jury found him guilty of First Degree Sexual Assault, Appellant was sentenced to not less than two (2) years nor more than four (4) years in prison. 

Issues: Appellant argues that the district court erred:  1) finding sufficient evidence to find Appellant guilty because the district court erred in: a) finding the performance of fellatio was sufficient for penetration for First Degree Sexual Assault., and b) finding the act of fellatio was without consent or that the victim was physically or mentally incapable of consent; and 2) instructing the jury. 

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