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.