State v. Fulton

Daniel J. Fulton alleges that the trial court failed to inform him of his constitutional rights at the hearing where the defendant entered a “no contest” plea to a charge of attempted assault in the first degree upon an 18-month-old child Fulton was babysitting.

Fulton also claims that his 2- to 4-year sentence of imprisonment is excessive.

We affirm Fulton’s conviction but modify his sentence for reasons hereinafter stated.

At first, Fulton was charged with assaulting the 18-month-old child on February 19, 1987, in Scotts Bluff County, Nebraska. The child received second and third degree burns…