State v. McCulloch

Irwin, Judge.

I. INTRODUCTION

This matter is before the court on rehearing. We granted the motion for rehearing of the appellant, Robert D. McCulloch, regarding our opinion reported at State v. McCulloch, 15 Neb. App. 381, 727 N.W.2d 717 (2007). We withdraw the previous opinion and issue this opinion in its stead.

McCulloch appeals from the decision of the district court for Burt County which, after a jury trial, convicted him of one count of first degree sexual assault. McCulloch’s primary claim is that his trial counsel was ineffective by introducing evidence of McCulloch’s age when the…