Hubbard v. State

OPINION

This is an appeal from a judgment of conviction made pursuant to an Alford plea of four counts of lewdness with a minor. For reasons stated below, we affirm the decision of the district court.

FACTS

In February 1992, appellant Roy Emery Hubbard (“Hubbard”), age 61, was arrested on several counts of lewdness with a minor, attempted sexual assault and sexual assault. In March 1993, he was bound over for trial on five criminal counts. Count one alleged that between 1980 and April 1982 Hubbard committed a lewd and lascivious act upon his granddaughter who was approximately five to six years…