S-22-0416 State of Nebraska (Appellee) v. Mary R. Fernandez (Appellant)
Appeal from the District Court for Lancaster County, Judge Darla S. Ideus
Attorneys: Teryn Blessin (Asst. Attorneys General for Appellee) and Angelica W. McClure (Kotik & McClure Law for Appellant)
Criminal: Theft by Deception and Value of Stolen Property
Proceedings below: The trial court gave a jury instruction that if it could not reach a unanimous decision on the exact value of stolen property, the jury could reach a unanimous decision of the value within a range. After this instruction was given, a jury convicted Appellant of theft by deception, and she was sentenced to fourteen (14) months in prison. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant raises the following assignments of error: 1) Appellant was denied the right to the effective assistance of counsel pursuant to the Sixth Amendment of the United States Constitution and Article I, Section 11 of the Nebraska Constitution in that her trial counsel failed to present documents and witnesses that would support her defense; and 2) The Trial Court erred the wording of Jury Instruction No. 13 and in amending the verdict form after the jury began deliberations.