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State v. Rodriguez

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Tuesday, November 12, 2013

A-13-0062, State of Nebraska v. Lucio A. Rodriguez III (Appellant)

District Court for Scotts Bluff County, District Judge Dobrovolny

Attorney for Appellant:  Bell T. Island (Island Huff Law Firm)

Attorney for Appellee:  Kimberly A. Klein (Attorney General’s Office)

Criminal Action:  Driving under the influence, over .15, 3rd offense

Action taken by the Trial Court:  The State charged Rodriguez with DUI 3rd offense over .15, possession of cocaine, and possession of methamphetamine. The jury found him guilty of DUI and not guilty of possession of cocaine. The trial court granted a directed verdict in favor of Rodriguez on the charge of possession f methamphetamine. The court sentenced him to 60 days in jail after finding this was a 3rd offense, ordered his license was suspended for 5 years, and directed him to pay court costs.

Assignments of Error on Appeal:  Did the trial court err in determining that Rodriguez was not seized by law enforcement when they activated their overhead emergency lights to make contact with him? Did the trial court err in failing to sustain Rodriguez’s motion to suppress the stop based on the failure to corroborate the anonymous informant? Did the trial court err in failing grant Rodriguez's motion for mistrial due to prosecutorial misconduct?

This page was last modified on Wednesday, October 15, 2014