State v. Amaya, A-24-884

Delvin J. Amaya, age 16 at the time, pled no contest to second degree murder and use of a deadly weapon in connection with a fatal shooting at an Omaha gas station involving rivals arranged via social media.
The charged conduct involved Amaya firing 12 shots into a vehicle, killing the driver and injuring two others, after a planned confrontation regarding gang-related social media posts.
The incident was extensively documented, including surveillance footage and ballistic evidence connecting Amaya to the weapon and shooting.
Amaya had a documented history of juvenile offenses involving violence and weapons, a high assessed risk to reoffend, gang affiliation, and significant mental health issues, including diagnoses of major depressive disorder, impulse control disorder, and ADHD.
Pursuant to a plea agreement, Amaya received sentences of 50-60 years for second degree murder and 30-40 years for use of a deadly weapon, to run consecutively (an aggregate of 80-100 years), with credit for time served.
On appeal, Amaya argued his sentences were excessive and that trial counsel was ineffective for not sufficiently raising mental health issues at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Excessive Sentence	Sentences were excessive, not properly considering age, background, mental health, or running sentences consecutively	Sentences within statutory range, court properly weighed factors, discretion on consecutive sentences	No abuse of discretion; sentences affirmed
Ineffective Assistance of Counsel	Counsel failed to adequately present mental health issues at sentencing and in PSR	Record refutes claim—mental health was raised in both PSR and at sentencing; no prejudice shown	No ineffective assistance; claim fails

State v. Lierman, 305 Neb. 289, 940 N.W.2d 529 (standard for reviewing sentence within statutory range, direct appeal requirements for ineffective assistance)
State v. Blaha, 303 Neb. 415, 929 N.W.2d 494 (ineffective assistance of counsel standards in plea context; effect of guilty/no contest plea)
State v. Galindo, 278 Neb. 599, 774 N.W.2d 190 (sentencing judge's latitude in considering mitigating and aggravating information)
State v. Earnest, 315 Neb. 527, 997 N.W.2d 589 (no requirement to articulate each sentencing factor on record)
State v. Geller, 318 Neb. 441, 16 N.W.3d 365 (discretion to impose consecutive sentences even for crimes from same incident)