State v. Madsen

Appellant, Neal P. Madsen, was found guilty by a jury in Holt County of the offense of assault in the second degree (Neb. Rev. Stat. § 28-309 (Reissue 1985)), i.e., intentionally or knowingly causing bodily injury to another with a dangerous instrument. Assault in the second degree is a Class IV felony. The penalty prescribed for a Class IV felony (Neb. Rev. Stat. § 28-105 (Reissue 1985)) is “[m]aximum-five years imprisonment, or ten thousand dollars fine, or both. Minimum-none.” The court sentenced him to an indeterminate term of from IV2 to 5 years in the Nebraska penal complex. A motion…