A-21-0159, State v. Daniel J. Rodriguez (Appellant)
District Court for Buffalo County, District Judge John H. Marsh
Attorney for Appellant: Brandon J. Dugan (Buffalo County Public Defender’s Office)
Attorney for Appellee: Douglas J. Peterson and Austin Relph (Attorney General’s Office)
Criminal Action: Possession of a Controlled Substance with Intent to Distribute: Cocaine (not less than 10 grams but not more than 28 grams)
Action taken by the Trial Court: The district court denied Appellant’s motion to suppress, finding that Appellant was not in lawful possession of the car he was driving and therefore did not have a reasonable expectation of privacy. Following Appellant’s request for a Jackson v. Denno hearing, the district court found that Appellant’s constitutional rights had not been violated. After a stipulated bench trial, Appellant was convicted of possession of cocaine with intent to distribute. He was found to be a habitual criminal and sentenced to 10-15 years’ imprisonment.
Assignments of Error on Appeal: Did the district court err in admitting evidence into trial over Appellant’s objection? Did the district court abuse its discretion by imposing an excessive sentence?