A-24-0681 State of Nebraska (Appellee) v. Christian X. Hernandez (Appellant)
Douglas County, District Court, Judge Jeffrey J. Lux
Attorney for Appellant: Abbi R. Romshek (Douglas County Public Defender’s Office)Attorney for Appellee: Melissa R. Vincent (Nebraska Attorney General’s Office)
Criminal Action: First degree murder, use of a deadly weapon to commit a felony, discharging firearm at inhabited house, occupied building, or occupied motor vehicle
Action Taken by Trial Court: The district court made various evidentiary rulings during the jury trial, overruled the defense’s motion for mistrial, accepted the jury’s verdict and found Hernandez guilty of the charges, and imposed sentence.
Assignments of Error on Appeal: Appellant assigns that the district court abused its discretion in (1) overruling defense’s objection and receiving Exhibit 488, a physical firearm recovered during the police investigation, (2) overruling defense’s objection and motion for mistrial to testimony from a witness regarding an individual’s firearm conviction and probationary status, (3) sustaining the State’s objection to the mental health records of an alternative suspect and testimony by his treating physician, and (4) sustaining the State’s objection to any testimony regarding consciousness of guilt of an alternative suspect. Appellant assigns that (5) the evidence was insufficient to support the convictions. Appellant also assigns that the district court abused its discretion by (6) receiving into evidence victim impact statements that contain inadmissible characterizations and opinions about the crime, the defendant, and the appropriate sentence and (7) imposing upon Hernandez an excessive sentence because it failed to adequately consider the mitigating factors.