State v. Gonzalez

Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 02/17/2023 09:05 AM CST - 520 - Nebraska Supreme Court Advance Sheets 313 Nebraska Reports STATE V. GONZALEZ Cite as

313 Neb. 520

State of Nebraska, appellee, v. Jake J. Gonzalez, appellant. ___ N.W.2d ___ Filed February 17, 2023. No. S-22-053. 1. Lesser-Included Offenses. Whether a crime is a lesser-included offense is determined by a statutory elements approach and is a question of law. 2. Jury Instructions. Whether jury instructions given by a trial court are correct is a question of law. 3. Judgments: Appeal and Error.…