A Scottsbluff man imprisoned last year for several felony drug and weapons charges has lost an attempt to have his conviction overturned.
The Nebraska Court of Appeals Tuesday affirmed the lower court rulings involving Charles Garza, Jr., who was found guilty by a jury of six charges, including possession of methamphetamine 10 to 27 grams, distribution and possession of a firearm by a prohibited person.
The case against Garza stemmed from a WING Drug Task Force investigation that started with two controlled drug buys in January 2017, and included searches that uncovered more than 28 grams of meth in his vehicle, and as well as a ballistic vest, numerous firearms from gun safes, cash and more methamphetamine found in his home and RV.
In his appeal, Garza claimed the trail court erred by denying his motions to suppress evidence seized in searches of his car, home and RV, saying the supporting affidavits lacked probable cause and the searches exceeded the scope of the warrants.
He also claimed instructions given to the jury about whether he could have been found to be in possession of the guns were improper.
In it’s ruling, the Appeals Court said it found no error in the lower court’s decisions overruling the repeated motions to suppress, and there were no errors in the district court’s refusal to give Garza’s proposed jury instructions on constructive possession of the firearms.
Garza is serving a sentence of 13 to 27 years in prison for the convictions.