State v. Alba

NATURE OF CASE

Pursuant to a plea agreement, Peter J. Alba pled guilty to two counts of sexual assault of a child, first offense. At the time the crimes to which Alba pled were committed, the offenses were Class IV felonies, for which the available penalties were a maximum of 5 years’ imprisonment, a $10,000 fine, or both. The district court for Douglas County accepted the pleas, convicted Alba, and imposed consecutive sentences of 5 to 10 years’ imprisonment on the first count and 10 to 15 years’ imprisonment on the second count, based on the mistaken belief that the crimes were Class II…