State v. Hansen

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IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) STATE V. HANSEN 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. ZACHARY W. HANSEN, APPELLANT. Filed July 20, 2021. No. A-20-756. Appeal from the District Court for Madison County: JAMES G. KUBE, Judge. Affirmed. Bradley A. Ewalt, of Ewalt Law Office, P.C., L.L.O., for appellant. Douglas J. Peterson, Attorney General, and Matthew Lewis for appellee. MOORE, RIEDMANN, and BISHOP, Judges. BISHOP, Judge. I. INTRODUCTION Zachary W. Hansen pled guilty to one count of terroristic threats, one count of attempted use of a firearm to commit a felony, and one count of robbery. The Madison County District Court sentenced him to consecutive sentences of 2 to 3 years’ imprisonment (terroristic threats), 6 to 9 years’ imprisonment (attempted use of a firearm to commit a felony), and 6 to 8 years’ imprisonment (robbery). Hansen claims his sentences are excessive and that he received ineffective assistance of counsel. We affirm. II. BACKGROUND On July 14, 2020, the State filed an information charging Hansen with five counts stemming from events that occurred on March 23: count I, attempted robbery, a Class IIA felony, pursuant to Neb. Rev. Stat. §§ 28-201(1) and 28-324 (Reissue 2016); counts II and IV, use of a firearm to commit a felony, each a Class IC felony, pursuant to Neb. Rev. Stat. § 28-1205(1)(a) -1- (Reissue 2016); count III, robbery, a Class II felony, pursuant to § 28-324; and count V, theft by unlawful taking or disposition, a Class II misdemeanor, pursuant to Neb. Rev. Stat. § 28-511(1) (Reissue 2016). Hansen pled not guilty to the charges contained in the information. On August 3, Hansen’s trial counsel filed a “Motion for Deposition” seeking a court order authorizing the deposition of nine named individuals. In an amended information filed on August 18, the State charged Hansen, in addition to the five counts set forth previously, with count VI, possession of a stolen firearm, a Class IIA felony, pursuant to Neb. Rev. Stat. § 28-1212.03 (Reissue 2016). Pursuant to a plea agreement, the State filed a second amended information on September 28, 2020, charging Hansen with three counts: count I, terroristic threats, a Class IIIA felony, pursuant to Neb. Rev. Stat. § 28-311.01(1) (Reissue 2016); count II, attempted use of a firearm to commit a felony, a Class II felony, pursuant to §§ 28-201(1)(b) and 28-1205(1)(a); and count III, robbery, a Class II felony, pursuant to § 28-324. At a hearing held that same day, Hansen pled guilty to the three counts in the second amended information. According to the factual basis provided by the State, On [March 23, 2020,] a little before 11:00 p.m.[,] the defendant approached a vehicle that was parked outside of the [convenience store] located at [an address] in Norfolk, Madison County, Nebraska. The driver of the vehicle stated that a …

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