A-15-317; A-15-323, State v. Washington (Appellant)
Douglas County, District Court Judge Peter C. Batallion
Attorney for Appellant: Brian S. Munnelly
Attorney for Appellee: Douglas J. Peterson, Austin N. Ralph (Attorney General’s Office)
Criminal Action: first degree assault, second degree assault, three counts of use of a deadly weapon to commit a felony, two counts of possession of a firearm by a prohibited person, possession of a stolen firearm, and discharging a firearm in certain cities, villages, and counties
Action Taken by Trial Court: These are consolidated cases where the district court granted the defendant a direct appeal as postconviction relief. Thus, the appeal currently before the court is the direct appeal of appellant’s convictions of first degree assault, second degree assault, three counts of use of a deadly weapon to commit a felony, possession of a deadly weapon by a prohibited person, and discharging a firearm.
Assignments of Error on Appeal: The appellant’s assignments of error are that (1) the appellant was denied a fair trial by allowing the State to consolidate cases and allowing the State to amend the information and add additional counts on the eve of trial; (2) evidence was insufficient to support his conviction; (3) plain error in sentencing; and (4) ineffective assistance of counsel for failing to properly raise and preserve constitutional challenge to § 28-1212.04, failing to object to jury instructions, failing to object to exhibits 34 and 38 and the photos made from those videos, in failing to fully discuss and advise appellant concerning each count of the information and amended information, and entering into stipulations with the State without appellant’s knowledge and consent.