State v. Eckstein

Defendant was charged with first degree sexual assault on a child in violation of Neb. Rev. Stat. § 28-319(l)(c) (Reissue 1985) and further charged as a habitual criminal under Neb. Rev. Stat. § 29-2221 (Reissue 1985). The sexual assault case was tried to the court, without a jury, and defendant was convicted of the charge. After a separate hearing pursuant to Neb. Rev. Stat. §§ 29-2911 et seq. (Reissue 1985), the court found that defendant was not a mentally disordered sex offender and that defendant was a habitual criminal. The court later sentenced defendant to a term of 10 years’…