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STATE v. GUTIERREZ

Nos. S-05-979, S-05-980.

726 N.W.2d 542 (2007)

272 Neb. 995

STATE of Nebraska, Appellee, v. Jesse M. GUTIERREZ, Appellant. State of Nebraska, Appellee, v. Adam P. Sommer, Appellant.

Supreme Court of Nebraska.

January 26, 2007.

Attorney(s) appearing for the Case

Michael P. Meckna and Jill A. Daley, of Gallup & Schaefer, Omaha, for appellant Jesse M. Gutierrez.

Jerry M. Hug and Alan G. Stoler, P.C., L.L.O., Omaha, for appellant Adam P. Sommer.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and HANNON, Judge, Retired.

GERRARD, J.

I. NATURE OF CASE

In separate informations filed October 1, 2004, Jesse M. Gutierrez and Adam P. Sommer (collectively the defendants) were each charged with two counts of first degree murder, one count of attempted first degree murder, and three counts of use of a deadly weapon to commit a felony in connection with the killings of Daniel Lopez and Maria Ojeda and the attempted killing of Marcos Lucero. The cases were consolidated for jury trial...

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