Hurd v. State

*183OPINION

By the Court, Shearing, J.:

This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus.

*184On June 21, 1995, appellant, Kenneth N. Hurd (“Hurd”) was charged by way of criminal complaint with two counts of felony sexual assault, each count alleging the sexual assault of one of Hurd’s daughters, ages five and three years. On July 13, 1995, with the assistance of counsel, Hurd waived his right to a preliminary hearing, and was bound over for trial.

On July 14, 1995, the state filed an information charging Hurd with two counts of felony…