State v. Tucker

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State v. Tucker

Case Number
S-17-0926
Call Date
October 30, 2018
Court Number
Lancaster
Case Location
Lincoln
Case Summary

S-17-0926 State v. Carlos A. Tucker (Appellant)

Lancaster County District Court, Judge Darla Ideus

Attorneys: Sarah E. Marfisi (Attorney General’s Office) --- John C. Jorgensen (Lancaster County Public Defender’s Office) (Appellant)

Criminal: First Degree Sexual Assault of a Child; Incest

Proceedings below: The trial court overruled the Appellant’s motion in limine to exclude Y-STR DNA evidence following a hearing, and admitted the evidence at trial. The trial court also accepted the jury’s verdict, found Appellant guilty, and sentence him to 30-50 years’ imprisonment on Count I; 10-20 years’ imprisonment on Count II; and 10-20 years; imprisonment on Count III, with each sentence to run consecutively.

Issues: 1) Whether the trial court erred when it admitted Y-STR DNA evidence; 2) whether the evidence adduced at trial was sufficient to sustain Appellant’s convictions; 3) whether the trial court abused its discretion by imposing an excessive sentence.