State v. Lenz

Defendant, Arthur W. Lenz, appeals his jury convictions of robbery, Neb. Rev. Stat. § 28-324 (Reissue 1985), and using firearms to commit a felony, Neb. Rev. Stat. § 28-1205 (Reissue 1985). Lenz was sentenced to 1 to 3 years’ confinement for robbery and a consecutive term of 1 year for using firearms to commit a felony. We reverse and remand for a new trial.

Lenz assigns two errors: (1) The court erred in failing to properly instruct the jury concerning the essential elements of the crime of using firearms to commit a felony; and (2) the court abused its discretion and committed error in…