State v. Garza

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State v. Garza

Case Number
S-16-0231
Call Date
November 1, 2016
Court Number
Douglas
Case Summary

Douglas County, Judge Marlon Polk

Attorneys: Annie O. Hayden (Public Defender's Office for Appellant) --- Melissa R. Vincent (Attorney General's Office)

Criminal: First Degree murder, use of a weapon to commit a felony

Proceedings below: Appellant was sentenced to life imprisonment for the murder conviction in 1991. His sentence was vacated on November 19, 2015 on postconviction due to Miller v. Alabama, 132 S.Ct. 2455 (2012) and State v. Mantich, 287 Neb. 320 (2014) as he was under age 18 at the time of the offense. Appellant was resentenced 90-90 years for the first degree murder charge.

Issues: The sentence imposed was excessive.