State v. Perry

I. NATURE OF CASE

In 1994, Rick A. Perry was convicted of two counts of sexual assault of a child and one count of first degree sexual assault on a child. Perry appeals from the district court’s denial of his motion for postconviction relief.

II. SCOPE OF REVIEW

A defendant requesting postconviction relief must establish the basis for such relief, and the findings of the district court will not be disturbed unless they are clearly erroneous. State v. McDermott, 267 Neb. 761, 677 N.W.2d 156 (2004).

III. FACTS

In an amended information filed October 18, 1993, Perry was charged with two counts of…