State v. Gray

Donald F. Gray appeals his conviction during a bench trial in the county court for Sarpy County and sentence for third degree assault, see Neb. Rev. Stat. § 28-310(l)(b) (Reissue 1989), a Class I misdemeanor punishable by a maximum of 1 year’s imprisonment, a $1,000 fine, or both, pursuant to Neb. Rev. Stat. § 28-106 (Reissue 1989), which prescribes no minimum sentence of imprisonment or fine for a Class I misdemeanor.

Section 28-310(l)(b) states in pertinent part: “A person commits the offense of assault in the third degree if he . . . [threatens another in a menacing manner.”

In the late…