The man convicted for the December 25, 2015 break-in at the Scottsbluff Burger King has lost his appeal.
The Nebraska Court of Appeals has upheld the prison sentence for 45-year-old Anthony De Los Santos, who was sentenced to 12 to 20 years in prison in February, 2017 for a Burglary conviction with enhancement for being a Habitual Criminal.
In his appeal, De Los Santos claimed that there was insufficient evidence to sustain his conviction; the State induced him to waive his right to a preliminary hearing in return for a promise not to file an additional charge; he received ineffective assistance of trial counsel; and the district court imposed an excessive sentence.
The Court of Appeals ruled that there was sufficient evidence for the guilty verdict, including surveillance video, the fact that his sister was a manager at that restaurant, and the fact that staff members knew the restaurant’s security system wasn’t properly working.
In their ruling the court also said De Los Santos’s assignment of error for waiving his right to his preliminary hearing and ineffective counsel are without merit.
Lastly, the Court of Appeals noted that he could have been sentenced to upwards of 60 years in prison for the Burglary conviction with the enhancement, so District Judge Randall Lippstreu’s sentence of 12 to 20 years was well within statutory limits.
De Los Santos’s full sentence was upheld, and he will not be eligible to be released from prison until at least 2027.