State v. Gonzales (20)

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State v. Gonzales (20)

Case Number
Call Date
April 26, 2016
Court Number
Case Summary

S-15-0149 State v. Raymond F. Gonzales, Jr. (Appellant)

Dakota County, Judge Paul J. Vaughan

Attorneys: Todd W. Lancaster (Nebraska Commission on Public Advocacy) (Appellant) --- Austin N. Relph (Attorney General's Office)

Criminal: First Degree Murder; Use of a Firearm to Commit a Felony

Proceedings below: A jury found Appellant guilty. He was sentenced to life in prison for first degree murder with a consecutive sentence of 30-40 years for use of a weapon to commit a felony.

Issues: 1. The State committed prosecutorial misconduct during closing argument and the trial court erred by not granting a mistrial. 2. There was insufficient evidence to support a verdict for first degree murder. 3. The trial court erred in instructing the jury concerning the elements of first degree murder by not instructing the jury that the state had to prove the killings were not a result of a sudden quarrel brought about by sufficient provocation.