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GRAND ISLAND – The Nebraska Court of Appeals on May 28 affirmed the conviction and sentencing of a Grand Island man who was originally charged with 14 offenses but was then changed to five charges.
Armando D. Romero-Mijangos of Grand Island received an aggregate sentence of 45 to 80 years in prison for conspiracy to commit a felony, two counts of attempted first-degree assault on a peace officer, and two counts of attempted use of a deadly weapon to commit a felony. All charges are felonies. Romero-Mijangos pleaded no contest to the five charges in a plea agreement. At the time of sentencing, Romero-Mijangos was 20 years old and unemployed.
“We find no indication that the district court considered any improper evidence when making its sentencing determination, nor do we find that the ultimate sentencing determination was an abuse of discretion. Romero-Mijangos’ trial counsel was not ineffective in failing to object to evidence not offered during the sentencing hearing,” the court wrote.
Hall County District Judge Patrick Lee presided over the local case. Ian Osborn, deputy Hall County public defender, represented the defendant. Michael T. Hilgers, Attorney General, and Jordan Osborne were prosecutors. Sentencing was in September 2023.
On Aug. 5, 2022, law enforcement officers were attempting to serve a search warrant at a home located near the intersection of Louise and Elm streets. “While officers were positioned outside of the residence, awaiting the arrival of the search warrant, they heard two gunshots in rapid succession very close by,” the court wrote. Officers thought that the gunshots came from a nearby alley. They heard a vehicle speeding away right after the gunshots.
After officers entered the residence, they found two residents, one of whom had two guns in his waistband. A large bag of marijuana was in plain sight. The content of one of the person’s cell phones was downloaded and reviewed. “It revealed that the residents had conspired with other individuals to ‘let off a shot’ to distract the officers waiting to serve the search warrant,” the court wrote.
Romero-Mijangos was involved in the conspiracy and supplied the gun for the shooting. The gunman, Favion Lara, fired two gunshots, one at each officer waiting in front of the home.
Romero-Mijangos was represented by a different attorney during his appeal. First, the defendant said that the district court erred in considering a victim impact statement offered in the case of a co-defendant when considering sentencing. Second, the defendant said that the sentence was excessive. Third, Romero-Mijangos said that he received ineffective assistance from his attorney.
In a separate case, Favion Lara, 17, pleaded to the same five charges as Romero-Mijangos as a result of his involvement in the conspiracy to district officers from serving the search warrant. Lara was convicted of being the person who shot at the law enforcement officers. Lara was sentenced by Hall County District Judge Patrick Lee to 45 to 80 years in prison.
At Lara’s sentencing hearing, prosecutors entered into evidence a victim impact statement written by one of the law enforcement officers who Lara shot at. The officer asked the district court to sentence Lara to closer to the maximum sentence. Lara appealed his sentence to the Nebraska Supreme Court, which affirmed his sentence.
At the time of sentencing, Romero-Mijangos was a high school graduate and had a 1-year-old child. “According to reports from law enforcement, Romero-Mijangos was a ‘verified’ gang member,” the court wrote.
The defendant had a “fairly lengthy history in the juvenile court dating back to 2015, when he was only 12 years old. As a juvenile, Romero-Mijangos was adjudicated for disturbing the peace; driving without an operator’s license (two times); terroristic threats; carrying a concealed weapon; possession or use of drug paraphernalia; being a minor in possession; and driving under the influence of alcohol. He was sentenced to probation on five occasions. As an adult, he was convicted of attempted possession of methamphetamine and obstructing a peace officer in April 2021.
The presentence report contained information about multiple rules violations that the defendant committed while in jail awaiting sentencing for this case. One violation was setting a fire in his jail cell. “Testing conducted by the probation officer revealed that Romero-Mijangos poses a very high risk of re-offense,” the court wrote.
Romero-Mijangos said that he had ineffective legal representation.
“The defendant must show that his counsel’s performance was deficient and that this deficient performance actually prejudiced the defendant’s defense,” the court wrote. The defendant must show that his attorney’s performance “did not equal that of a lawyer with ordinary training and skill in criminal law.”
“We find no indication that the district court considered any improper evidence when making its sentencing determination, nor do we find that the ultimate sentencing determination was an abuse of discretion. “Romero-Mijangos’ trial counsel was not ineffective in failing to object to evidence not offered during the sentencing hearing,” the court concluded.
