State v. Fly

Pursuant to verdict, defendant-appellant, Lavell Fly, was adjudged guilty of third degree assault on an officer, in violation of Neb. Rev. Stat. § 28-931 (Reissue 1989), and thereafter sentenced to imprisonment for a period of not less than 20 months nor more than 5 years. Fly claims the trial court erred in (1) finding there was sufficient evidence to support the verdict and (2) imposing an excessive sentence. We affirm.

At approximately 4 p.m. on April 1, 1989, Officer Joseph Digmann of the Alliance Police Department was dispatched to a business establishment in Alliance, Box Butte County,…