State v. Newman

The defendant was charged, under the provisions of section 28-408.03, R. R. S. 1943, with first degree sexual assault and entered a plea of no contest. The trial judge sentenced him to a term of not less than 5 nor more than 9 years in the Nebraska Penal and Correctional Complex. On this appeal he asserts that the sentence is excessive and asks that the above minimum be substantially reduced. We affirm.

The defendant is 17 years of age. The crime in question was accomplished by breaking and entering during the nighttime the home in which the victim, a married woman with an infant child, was…