State v. Rodriguez

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

State v. Rodriguez

Case Number
A-21-0159
Court Number
Buffalo
Call Date
October 12, 2021
Case Time
9:00 AM
Case Summary

A-21-0159, State v. Daniel J. Rodriguez (Appellant)

District Court for Buffalo County, District Judge John H. Marsh

Attorney for Appellant:  Brandon J. Dugan (Buffalo County Public Defender’s Office)

Attorney for Appellee:  Douglas J. Peterson and Austin Relph (Attorney General’s Office)

Criminal Action:  Possession of a Controlled Substance with Intent to Distribute: Cocaine (not less than 10 grams but not more than 28 grams)

Action taken by the Trial Court:  The district court denied Appellant’s motion to suppress, finding that Appellant was not in lawful possession of the car he was driving and therefore did not have a reasonable expectation of privacy. Following Appellant’s request for a Jackson v. Denno hearing, the district court found that Appellant’s constitutional rights had not been violated. After a stipulated bench trial, Appellant was convicted of possession of cocaine with intent to distribute.  He was found to be a habitual criminal and sentenced to 10-15 years’ imprisonment.

Assignments of Error on Appeal: Did the district court err in admitting evidence into trial over Appellant’s objection? Did the district court abuse its discretion by imposing an excessive sentence? 

Case Location
Lincoln
Court Type
District Court
Schedule Code
A1
Panel Text
Pirtle, Chief Judge, Moore, and Welch, Judges