State v. Liston

NATURE OF CASE

Appellant, Steven A. Liston, was found guilty by a jury of “on-line enticement of a child.” He appeals from the district court’s order of conviction. Liston has asserted constitutional challenges to the charging statute, Neb. Rev. Stat. § 28-320.02 (Cum. Supp. 2004). This appeal raises the issue of whether these challenges were waived by Liston’s failure to request a withdrawal of his not guilty plea before filing a motion to quash asserting these challenges.

BACKGROUND

In January 2005, the State filed an information against Liston, charging him with the following count, pursuant…