State v. Schreck

Following a trial by jury the defendant was convicted of the May 26, 1986, assault in the first degree of Richard A. Porter III in Dodge County. This is a Class III felony under the provisions of Neb. Rev. Stat. § 28-308 (Reissue 1985), which provides for a penalty of from 1 to 20 years’ imprisonment, or a $25,000 fine, or both such imprisonment and fine. Following a presentence investigation and sentencing hearing, defendant was sentenced to a term of imprisonment of not less than 5 nor more than 12 years.

Defendant has appealed, and the errors assigned and argued in his brief are (1) the…