State v. Ramirez

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State v. Ramirez

Case Number
Call Date
April 24, 2023
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-22-0568 State of Nebraska (Appellee) v. Eric A. Ramirez (Appellant)

Appeal from the District Court for Douglas County District Court, Judge Peter C. Bataillon. 

Attorneys:  Donald L. Schense (Law Office of Donald L. Schense for Appellant) and Melissa R. Vincent (Asst. Attorney General for Appellee)

Criminal: First-Degree Murder, Use of a Weapon to Commit a Felony, Attempted Second-Degree Murder, Attempted Robbery, Conspiracy, and Excessive Sentence. 

Proceedings Below:  Appellant was a juvenile when he was convicted of two counts of first-degree murder, three counts of use of a weapon to commit a felony, attempted second-degree murder, attempted robbery, and conspiracy, and he sentenced to life in prison for the first-degree murders.  On direct appeal, Appellant’s convictions were affirmed, but his sentences were vacated and remanded for resentencing.  See State v. Ramirez, 287 Neb. 356, 842 N.W.2d 694 (2014).  Appellant has now been resentenced as follows:  forty (40) to sixty (60) years in prison for each first-degree murder charge, twelve (12) to fifteen (15) years for each use of a weapon to commit a felony charge, twelve (12) to twenty (20) years for attempted second-degree murder, twelve (12) to fifteen (15) years for attempted robbery, and twelve (12) to fifteen years for conspiracy. 

Issues: Appellant raises the following assignments of error:  1) The District Court abused its discretion by ordering the Appellant to serve an excessive sentence; and 2) The District Court abused its discretion by imposing an excessive sentence on the Appellant by imposing a de facto life sentence in violation of his due process and Eighth Amendment rights.

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