A-15-935, State v. Kirchhoff
Lancaster County, District Judge Steven D. Burns
Attorneys for Appellant: Joe Nigro and Paul E. Cooney (Lancaster County Public Defender's Office)
Attorneys for Appellee: Douglas Peterson and George Love (Attorney General's Office)
Criminal Action: Motion to Suppress; Possession of a Controlled Substance
Action Taken by Trial Court: The district court overruled appellant's motion to suppress evidence. Following a bench trial, the court convicted appellant of possession of a controlled substance and found him to be a habitual criminal. The court sentenced appellant to 10 to 12 years' imprisonment.
Assignments of Error on Appeal: Appellant assigns that (1) the district court erred in overruling his motion to suppress, (2) the district court erred in entering a guilty verdict unsupported by admissible evidence, (3) appellant received ineffective assistance of counsel, (4) the district court erred in finding appellant was a habitual criminal, and (5) appellant's sentence is excessive.