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Internet Explorer 11 is no longer supported. Matthew J. Kidder appeals his convictions for first degree murder and use of a deadly weapon to commit a felony. We affirm his convictions, but find plain error in the sentence imposed on the conviction for use of a deadly weapon to commit a felony. We therefore vacate that sentence only and remand the cause with directions. On June 25,Jessica Nelson's mother received a telephone call advising that Nelson had not shown up for work. Her mother went to Nelson's house to check on her and discovered Nelson's body partially submerged in the bathtub, unclothed, with the water running.

She was curled up in a fetal position, and one hand was clutching a cell phone charging cord. Nelson's clothes were piled in the tub near her feet. Blood was pooled under Nelson's head, and there was a ligature mark on her neck. Police officers arrived and processed the scene as a homi-cide. Investigators found no point of forced entry into the home. They took photographs and collected Nelson's cell phone, the charging cord, and the clothes from the bathtub.

Blood was found outside the bathroom, in the living room, and in Nelson's bedroom.

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Swabs were taken of the cell phone cord and the various biological substances found throughout the house. Investigators noticed Nelson's right thumbnail was bent back, so they also swabbed under her fingernails and took fingernail clippings. An autopsy revealed bruises and abrasions on Nelson's neck, hemorrhaging in her eyes, and a ligature mark on her neck that was consistent with the cell phone cord. The cause of death was strangulation. There was also evidence Nelson had been sexually assaulted. She had a laceration and bruising in her vaginal area, as well as contusions to her head, abdomen, and bowel.

Nelson and Kidder had known each other since childhood. The text conversation began on February 4, The first message arranged for Kidder to shovel snow from Nelson's driveway. For the next several months, Kidder texted Nelson, often suggesting they meet up. Typically, Nelson either turned Kidder down or did not respond.

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Nelson agreed, but stated she would likely still be asleep and would leave the door unlocked. She told Kidder he could watch television, nap on the couch, or use the chairs outside while he waited. Later, the following text conversation occurred:. Im a grouch when my sleep is interrupted unless you're [my son], then I'm less grouchy lol[.

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Kidder continued to text Nelson regularly, and some of Kidder's messages were sexual in nature. On June 19, a few days before the murder, Kidder sent Nelson the following sequence of text messages:.

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Forensic analysts found two DNA profiles on the cell phone cord collected from the crime scene. Nelson could not be excluded as one of the contributors, and Kidder could not be excluded as the other contributor. The probability of someone other than Nelson and Kidder being the contributors of the DNA profiles on the cell phone cord was 1 in million for Caucasians, 1 in The swab taken from under the fingernails on Nelson's left hand revealed similar : Two profiles were present, Nelson could not be excluded as the contributor for one, and Kidder could not be excluded as the contributor for the other.

The probability of someone other than Nelson and Kidder being the contributors to the DNA found under Nelson's left fingernail was 1 in million for Caucasians, 1 in A mixture of DNA was found under Nelson's right thumbnail, which was bent back. Nelson could not be excluded as the major contributor, and Kidder could not be excluded as the minor contributor. The probability of someone other than Kidder being the minor contributor was 1 in 1, for Caucasians, 1 in 33, for African Americans, and 1 in 5, for American Hispanics.

The analyst testified that the lower probabilities were a function of the fact that only a partial DNA profile was developed. Detectives obtained Kidder's cell phone records from his service provider. Using historical cell site location information, detectives determined that Kidder's cell phone used a cell tower in the area near Nelson's home at p. Almost 30 minutes later, at a.

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Several days after the murder, police interviewed Kidder. They noticed he had a cut on his hand, consistent with a fingernail. Kidder said he received the cut while working on June 24,but he did not report it to his employer. Kidder explained that he worked from 3 to p.

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Kidder's workplace was near Nelson's house. Kidder provided police with a DNA sample and exemplar fingerprints and allowed police to download information from his cell phone. Several weeks later, Kidder was taken to a police sta-tion for additional questioning about Nelson's murder.

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Kidder repeatedly denied visiting Nelson's home on June 24, —the night of the murder. But he told police he was at her home on June 23 to help her move furniture, and he made a point of mentioning he sweated heavily on Nelson's couch and mattress.

At the conclusion of the interview, Kidder was arrested for Nelson's murder. While Kidder was in jail, he called his father. The jail call was recorded.

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During the call, Kidder admitted he was at Nelson's house for about 20 minutes on the night she was killed. While in jail, Kidder shared a cell with Randy Anderson for approximately 20 hours. Afterward, Anderson contacted police and offered to testify about statements Kidder made to Anderson while they were cellmates. When Anderson contacted police, he was awaiting sentencing on plea-based convictions for burglary and making terroristic threats. At trial, Anderson testified that Kidder told him the following: On June 24,Kidder saw Nelson's Facebook post about being home alone.

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After getting off work around midnight, Kidder went to Nelson's home and knocked on the side door. Nelson unlocked the chain on the door and let him in. Almost immediately, Kidder somehow caused an injury to Nelson's face. She screamed, and Kidder began strangling her with his hands. As they struggled, Nelson cut Kidder's hand with her fingernail. Eventually Nelson lost consciousness.

Kidder then took her to the bedroom and removed her sweatpants. Anderson also knew several details about the crime and the crime scene before they became public knowledge. For example, Anderson knew that 1 after the murder, Kidder washed his shoes and stuffed them with newspaper to dry them; 2 Nelson had a chain lock on her door; 3 Nelson was in the fetal position in the bathtub; 4 Nelson had an L-shaped sectional couch that was cut during the assault; and 5 Nelson was wearing sweatpants the night she was killed.

After Kidder was arrested, police obtained a warrant to search Kidder's home. One of the items seized pursuant to the warrant was a laptop computer found in Kidder's bedroom. A few days later, police obtained a second search warrant, authorizing an examination of Kidder's laptop computer to search and copy the following data: user information, media files such as images and videos, document files, Internet browsing history and associated cache files, messages, and chat and instant messages.

But the forensic analyst was able to determine the website was accessed between June 20 and July 17, That video depicted a man kidnapping a waitress, forcing her to have sex at gunpoint, strangling her with a belt when she resisted, and continuing to sexually assault her after she was dead. Three other videos with similar content were also found on Kidder's laptop computer.

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Kidder moved to suppress the evidence obtained from the search of his laptop computer, arguing that neither search warrant was supported by probable cause. In addition, he argued the warrant to search the laptop computer was overbroad and insufficiently particular. Kidder also filed a motion in limine seeking to exclude the evidence obtained from his laptop computer.

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He argued the evidence was hearsay, irrelevant, and unfairly prejudicial. He also argued a Neb. The district court overruled the motions to suppress. It found that the search warrants were supported by probable cause or, alternatively, that either the good faith exception or the independent source doctrine applied.

But at trial, the forensic analyst was permitted, over objection, to testify about the search terms found in Kidder's Internet browsing history and to describe, in general terms, the content of the downloaded video that depicted a woman being sexually assaulted, strangled to death with a belt, then further assaulted. The jury heard evidence that inKidder had sexually assaulted one of his friends in her home.

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Kidder had gone to the woman's home, claiming to be locked out of his house. She let him in, and after a few minutes of talking, Kidder grabbed the woman and threw her to the ground. He got on top of her and placed his hands on her neck.

She began to scream, so Kidder moved his hands to her mouth and nose, closing her airways. Kidder subsequently entered a plea of no contest to a charge of attempted first degree sexual assault. The district court in the instant case ruled that evidence of the sexual assault was admissible under Neb.

No error is ased to this ruling on appeal. The jury found Kidder guilty on count I, first degree murder, and on count II, use of a deadly weapon to commit a felony. The district court imposed a sentence of life imprisonment on count I. On count II, the court initially imposed a consecutive prison sentence of 50 to 50 years but, after a sidebar confer-ence requested by defense counsel, reduced the term to 20 to 20 years. The State urges us to find plain error on this basis, so we set out the pertinent portion of the sentencing colloquy in its entirety:.

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