State v. Lantz, 842 N.W.2d 216

Lantz was convicted of three counts of first-degree sexual assault of a child stemming from digital penetration of his stepdaughters during a sleepover.
A suppression motion challenged a March 29, 2012 search of Lantz’s residence for DNA evidence; district court denied suppression.
Evidence included semen on A.M.'s underwear and DNA on carpet samples; DNA testing identified Lantz as a contributor.
State sought to introduce prior similar-offense evidence under Neb. Rev. Stat. § 27-414 (Rule 414) with testimony from ex-wife and K.H., admitted over objections.
A juror displayed ambiguous sympathy toward a witness (A.M.); defense moved to disqualify; court denied; later motions for mistrial were denied.
On appeal, the court addressed sentencing issues, noting a conflict between statutes and remanding to impose consecutive sentences for counts carrying mandatory minimums.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable-cause sufficiency for the search warrant	Lantz contends the affidavit was stale and omissive	Lantz argues information was stale and material facts omitted	Probable cause found; warrant not stale; omissions not fatal; good-faith exception applicable
Admission of prior sexual-assault evidence under § 27-414	State must prove by clear and convincing evidence prior acts occurred	Lantz challenges timing and specificity of KH’s testimony	Evidence admissible; district court did not abuse discretion
Juror bias/misconduct and denial of disqualification	Juror displayed possible sympathy; conduct could deny fair trial	Trial court acted within discretion; juror remained impartial	No abuse of discretion; juror could be fair and impartial
Sentencing: consecutive vs concurrent mandatory minimums; plain error	Minimums and consecutive requirement not properly applied	Oral pronouncements control; written order misstates credits	Consecutive requirement for counts with mandatory minimums; remand for resentencing; oral pronouncement controls

State v. Lee, 265 Neb. 663 (Neb. 2003) (probable-cause standard; four-corners rule)
State v. Ortiz, 257 Neb. 784 (Neb. 1999) (totality-of-the-circumstances review; probable cause)
State v. Craven, 253 Neb. 601 (Neb. 1997) (probable cause; time-relative analysis)
State v. Bossow, 274 Neb. 836 (Neb. 2008) (staleness; DNA evidence context)
State v. Reeder, 249 Neb. 207 (Neb. 1996) (staleness of past offenses)
State v. Valverde, 286 Neb. 280 (Neb. 2013) (admissibility of other-act evidence; abuse-of-discretion review)
State v. Kibbee, 284 Neb. 72 (Neb. 2012) (evidence-rule discretion; Rule 414)
State v. Castillas, 285 Neb. 174 (Neb. 2013) (consecutive mandatory-minimum sentencing rule)
State v. Fleming, 280 Neb. 967 (Neb. 2010) (statutory-sentencing guidance; specific vs general statute)