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State v. Gomez

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Wednesday, December 18, 2013

A-13-0081, State of Nebraska v. Jorge Gomez (Appellant)

District Court for Buffalo County, District Judge William T. Wright

Attorney for Appellant:  Ross Pesek (Dornan Lustgarten Law Firm)

Attorney for Appellee:  Nathan A. Liss (Attorney General’s Office)

Criminal Action:  Possession of a controlled substance with intent to distribute

Action taken by the Trial Court:  The trial court denied Gomez’ motion to suppress. Following a bench trial, Gomez was found guilty and sentenced to 1 year in jail.

Assignments of Error on Appeal:  Did the trial court err in overruling Gomez’ motion to suppress? Did the trial court commit clear error with regards to its factual determinations in order ruling on the motion to suppress? Did the trial court err admitting evidence during trial, over Gomez’ objection, that Gomez possessed marijuana with the intent to distribute when such evidence was obtained in violation of Gomez’ rights under the Fourth Amendment of the Constitution of the United States and Article I, Section 7 of the Constitution of the State of Nebraska?

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