State v. Gonzales

Defendant-appellant, Inez Gonzales, a male person over the age of 19 years, was charged in an information with the crime of sexual assault in the first degree in that he did “subject a child of less than sixteen years of age to sexual penetration” on or about May 13, 1984, in Scotts Bluff County, Nebraska. Defendant pled not guilty to the charge. After jury trial defendant was convicted of the charged crime and sentenced to 4 to 8 years in the penal complex. Defendant timely appealed, alleging as error that the trial court incorrectly instructed on the elements of the crime; that the trial…