State v. Martinez

We agreed to the State’s petition for further review to resolve the disagreement between two decisions of the Nebraska Court of Appeals. At issue are the Court of Appeals’ decisions in State v. Martinez, 4 Neb. App. 192, 541 N.W.2d 406 (1995), and State v. Quick, 1 Neb. App. 756, 511 N.W.2d 168 (1993).

In the information against Martinez, it was alleged that a first degree sexual assault against Matthew P. occurred “between July 1, 1991 and June 18, 1994.” In Martinez, the Court of Appeals relied on Bartell v. United States, 227 U.S. 427, 431, 33 S. Ct. 383, 57 L. Ed. 583 (1913), wherein the…