State v. Kunath

This appeal comes before us on petition for further review after the Nebraska Court of Appeals reversed Katherine Kunath’s conviction for assault in the third degree, in violation of Neb. Rev. Stat. § 28-310(l)(b) (Reissue 1989). Kunath was convicted of third degree assault after a bench trial before the county court for Seward County. That court held that 35-year-old Kunath had threatened one Ryan Apodac, a 13-year-old, in a menacing manner during a confrontation outside a school. The court sentenced Kunath to 20 days in county jail. The district court for Seward County affirmed the county…