State v. Marcial

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State v. Marcial

Case Number
A-18-0016
Court Number
Dawson
Call Date
November 7, 2018
Case Time
1:00 PM
Case Summary

District Court of Dawson County, Judge James E. Doyle IV

Attorney for Appellant: Bronson J. Malcom (Malcom & Nelsen Law Office)

Attorney for Appellee: Douglas J. Peterson and Melissa R. Vincent (Office of the Nebraska Attorney General)

Criminal Action: Sufficiency of the Evidence

Action Taken by Trial Court: After a bench trial, the district court found Marcial guilty of both terroristic threats and use of a firearm to commit a felony. The court sentenced Marcial to imprisonment for 12 to 36 months for terroristic threats and to a consecutive term of imprisonment of 5 to 5 years for use of a firearm to commit a felony.

Assignments of Error: Marcial assigns, restated, that the district court erred in finding the record contained sufficient evidence to support his conviction for use of a firearm to commit a felony. He argues that no rational trier of fact could have convicted him of the crime beyond a reasonable doubt because the crime’s only witness could not identify whether Marcial wielded a shotgun or pellet gun during the offense.

Case Location
Kearney
Court Type
District Court
Schedule Code
A2
Panel Text
Moore, Chief Judge, Riedmann and Welch, Judges