S-22-0053 State of Nebraska (Appellee) v. Jake J. Gonzalez (Appellant)
Appeal from the District Court for Jefferson County, Judge Vicky L. Johnson
Attorneys: Kelly S. Breen (Nebraska Commission on Public Advocacy for Appellant) and Erin E. Tangeman (Assistant Attorney General for Appellee)
Criminal: Intentional Child Abuse Resulting in Death, Terroristic Threats
Proceedings below: After the district court declined Appellant’s motion to change venue, he was found guilty of terroristic threats and intentional child abuse resulting in the death. He was sentenced 70-80 years for intentional child abuse resulting in death and a concurrent 3-3 year sentence for terroristic threats. 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 makes the following assignments of error: 1) The trial court ignored known and cited precedent in failing to instruct the jury upon a lesser included offense; as such ruling constitutes structural error that deprived Appellant due process and effective assistance of counsel and implicitly invites and excuses future error in instruction of juries in like cases; and 2) The trial court erred in denying Appellant’s Motion to Change Venue where there existed strong evidence including judicial admission of prejudice in the minds of the County against Defendant.