IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) STATE V. SANCHEZ NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). STATE OF NEBRASKA, APPELLEE, V. ANTHONY A. SANCHEZ, APPELLANT. Filed June 29, 2021. No. A-20-351. Appeal from the District Court for Douglas County: GARY B. RANDALL, Judge. Affirmed. Thomas C. Riley, Douglas County Public Defender, and Christine A. Mori for appellant. Douglas J. Peterson, Attorney General, and Nathan A. Liss for appellee. RIEDMANN, ARTERBURN, and WELCH, Judges. ARTERBURN, Judge. INTRODUCTION Anthony A. Sanchez was convicted by a jury of second degree murder, second degree assault, and two counts of use of a deadly weapon to commit a felony. The district court for Douglas County sentenced Sanchez to consecutive terms of imprisonment totaling 40 to 65 years. On appeal, Sanchez argues that the district court erred in denying his motion in limine and motions to suppress, in overruling his motion for a mistrial, and in imposing excessive sentences. Sanchez also alleges that there was insufficient evidence to support his convictions. For the reasons set forth below, we affirm. BACKGROUND On the evening of July 15, 2018, a group of individuals from Crete, Nebraska, traveled to a nightclub in Omaha, Nebraska, to go dancing. As the group from Crete walked through the parking lot toward the entrance, they encountered four men from Omaha who had exited the -1- nightclub. The two groups began to exchange words which led to a fight. After a few minutes of fighting, Edgar Gonzalez-Mendez was shot in the cheek while his brother, Franco Gonzalez-Mendez, was killed by a shot that went through his chest. Franco was also shot in the leg. Testimony of Omaha Group. Franco, Edgar, Victor Serrano, and Omar Moreno (the Omaha group) spent July 15, 2018, together swimming, eating out, and drinking alcoholic beverages. The Omaha group went to a nightclub around 10 p.m. On their way into the nightclub, they were patted down by a security guard. They stayed for a period of time, drank beer, and then left around 11:30 p.m. According to the testimony of Edgar, as the Omaha group left the nightclub, Franco and Serrano walked ahead of Edgar and Moreno. Edgar explained that he saw approximately six men coming toward the entrance of the nightclub. Edgar remembered what two of the men looked like. He described “one [as a] chubby guy, glasses, a little dark-skinned, then one that was bald, a little light-skinned, was wearing like a white shirt.” Edgar saw someone bump into Moreno and then saw Moreno exchange words with that same person. Edgar attempted to keep walking away. Initially, only Moreno and the man with glasses were exchanging words. However, more men came forward and the Omaha group “[was] getting a little rowdy because of the beer that [they] had in [them].” Edgar decided to punch the guy with the glasses. After Edgar’s …
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