State v. Auman

Richard R. Auman, Jr., appeals his jury conviction for intentionally, knowingly, or recklessly causing bodily injury to a deputy sheriff while the defendant was legally confined in the Saline County jail.

As a result of his felony conviction, Auman was sentenced to 1 year in jail with work release privileges. We vacate the sentence, reverse the conviction, and dismiss the charge.

Auman was prosecuted under Neb. Rev. Stat. § 28-932(1) (Reissue 1985), the relevant part of which provides: “Any person who is legally confined in a jail . . . and intentionally, knowingly, or recklessly causes bodily…