State v. Rathbun

The defendant entered a plea of nolo contendere to a charge of having, on October 25, 1978, committed a sexual assault in the second degree in violation of section 28-408.04, R. R. S. 1943. No evidence was introduced by the State to show that the assault caused serious personal injury to the victim. The defendant was sentenced to a term of 1 year in the Nebraska Penal and Correctional Complex. That term is the maximum for second degree sexual assault in cases where there is no serious personal injury to the victim.

On appeal to this court, defendant makes the following assignments of error:…