State v. Earl

STATEMENT OF CASE

Scott M. Earl appeals his conviction by jury for first degree sexual assault, Neb. Rev. Stat. § 28-319(l)(a) and (b) (Cum. Supp. 1994). Earl was sentenced to 10 to 12 years’ imprisonment. Earl contends, in summary, that the district court erred in (1) overruling his competency objection to the testimony of the 6-year-old complainant, (2) excluding evidence of the complainant’s sexual history, and (3) imposing an excessive sentence. Earl also asserts that the evidence adduced at trial was insufficient to support the conviction. For the reasons that follow, we affirm.

FACTUAL…