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State v. Hansen

Supreme Court of Nebraska

November 14, 2014

STATE OF NEBRASKA, APPELLEE,
v.
DAPHNE HANSEN, APPELLANT

Page 778

Petition for further review from the Court of Appeals, IRWIN, RIEDMANNNN, and BISHOP, Judges, on appeal thereto from the District Court for Antelope County, JAMES G. KUBE, Judge.

Matthew M. Munderloh, of Johnson & Mock, for appellant.

Jon Bruning, Attorney General, James D. Smith, and, on brief, J. Kirk Brown for appellee.

HEAVICAN, C.J., WRIGHT, CONNNNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 779

[289 Neb. 479] Connnnolly, J.

SUMMARY

Daphne Hansen conspired with her employee, Jerry Torres, to burn down a house tat was owned and insured by Hansen's friend. In exchange for setting the fire, Torres testified that Hansen bought him various household goods. After a bench trial, the district court found Hansen guilty of arson in the second degree, conspiracy to commit arson, and aiding the consummation of a felony. Under Neb. Rev. Stat. § 28-205 (Reissue 2008), aiding the consummation of a felony is committed by one who intentionally aids another in securing the proceeds of or profiting from a felony. The Nebraska Court of Appeals reversed Hansen's conviction for aiding

Page 780

the consummation of a felony,[1] concluding that the State failed to prove the offense beyond a reasonable doubt. We granted the State's petition for further review. Because the Court of Appeals misinterpreted § 28-205, we conclude that the State proved beyond a reasonable doubt that Hansen is guilty of aiding the consummation of a felony.

BACKGROUND

Factual History

Hansen's convictions arose from a June 2010 fire that destroyed a house in Neligh, Nebraska. A limited liability company owned the house. Cynthia Johnston, Hansen's friend, was a member of the company. Hansen was not a member of the company, but considered herself associated with the enterprise. The house was bought with the intent to repair and " flip" ...


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