State v. Comer

Defendant has appealed from an order of the District Court denying his motion for post conviction relief. We affirm.

Defendant was convicted of first degree sexual assault and incest involving an incident occurring on October 16, 1976, with his 12-year-old daughter. The direct appeal found at 199 Neb. 762, 261 N. W. 2d 374, involved the questions of whether first degree sexual assault was a lesser-included offense of incest and the excessiveness of the sentence. We affirmed the conviction. Some of the facts are contained in that opinion. Others will be recited herein.

In this appeal seeking…