State v. Battershaw

James Battershaw appeals his conviction and sentence for sexual assault on a child of 14 years of age or younger in violation of Neb. Rev. Stat. § 28-320.01 (Cum. Supp. 1984), after his guilty plea to the charge in the district court for Cherry County. The district court sentenced Battershaw to a term of imprisonment not less than IV2 nor more than 2xh years. We affirm.

Initially, Battershaw was charged with first degree sexual assault (sexual penetration) of a victim under the age of 16 years in violation of Neb. Rev. Stat. § 28-319(l)(c) (Reissue 1979), a Class II felony, punishable by…