State v. Hutton

The defendant appeals a conviction and sentence of 1 year in the county jail for threatening another in a menacing manner in violation of Neb. Rev. Stat. § 28-310(l)(b) (Reissue 1979), a Class I misdemeanor.

The defendant was originally charged with the December 15, 1982, attempted first degree sexual assault of a 19-year-old female, which is a Class III felony. The defendant entered a plea of guilty to the misdemeanor, pursuant to a plea bargain whereby the attempted first degree sexual assault charge was dismissed, as was a charge of false imprisonment, and the county attorney was to make a…