State v. Chambers, A-16-291

Darryl Chambers was charged with first-degree assault (Class II felony) and terroristic threats after an incident at a Manderson Street residence in Douglas County on July 3, 2015; a bench trial was held and Chambers was found guilty and adjudicated a habitual criminal.
Police responded to a 911 call just after midnight; officers found Tina Chambers bleeding from the face and gums, terrified, and with signs of forced entry and damage to interior doors and frames.
Witnesses (victim’s brother, paramedic, ER and trauma surgeons, nurse, and victim’s mother) testified about the scene, the victim’s statements that she was struck several times in the face, and the severe facial and mandibular injuries requiring surgery and a tracheotomy.
There were no eyewitnesses to the assault and the victim did not testify at trial; the prosecution relied on circumstantial evidence and testimony from treating medical personnel and witnesses at the scene.
The court excluded Tina’s out-of-court statements to medical personnel identifying her attacker, except that medical staff could repeat statements made for purposes of diagnosis or treatment; Chambers’ motion to dismiss at close of the State’s case was denied.
Chambers was sentenced to 16–30 years’ imprisonment (with habitual-offender enhancement), and appealed arguing insufficient evidence and an excessive sentence; the Court of Appeals affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Chambers)	Held
Sufficiency of the evidence to support 1st-degree assault	Evidence and inferences from 911 call, scene, medical testimony, victim’s statements, witness identifications supported conviction	Insufficient proof linking Chambers to assault; reliance on circumstantial evidence, lack of eyewitnesses, alleged deficient investigation	Affirmed — viewing evidence in light most favorable to prosecution, a rational trier of fact could find guilt beyond a reasonable doubt
Venue (offense occurred in Douglas County)	Testimony of officers, witnesses, and treating medical staff placed events on Manderson Street in Douglas County	State failed to prove beyond a reasonable doubt that injuries occurred in Douglas County	Affirmed — sufficient testimony showed offense occurred in Douglas County
Denial of motion to dismiss at close of State’s case	State met prima facie case	Motion argued insufficient evidence/proof of elements and venue	Affirmed — court correctly overruled motion based on evidence presented
Excessiveness of sentence	Sentence within statutory range; court considered presentence report and mitigating factors	Sentence (16–30 yrs with habitual enhancement) was excessive given defendant’s background and requested mitigation	Affirmed — sentence within statutory limits and not an abuse of discretion

State v. Hale, 290 Neb. 70 (discusses standard for reviewing sufficiency of evidence)
State v. Oldson, 293 Neb. 718 (circumstantial evidence and appellate review standard)
State v. Carpenter, 293 Neb. 860 (appellate review of sentence for abuse of discretion)
State v. Nevels, 235 Neb. 39 (assessment of severity of indeterminate sentences—the minimum governs)
State v. Casares, 291 Neb. 150 (factors sentencing court should consider)