State v. Green

STATEMENT OF THE CASE

William C. Green appeals his jury conviction of two counts of third degree assault on an officer, a Class IV felony in violation of Neb. Rev. Stat. § 28-931(1) (Reissue 1989), and the resulting enhanced sentence of 10 years’ imprisonment on each count (to be served concurrently), with credit given for 138 days served. Third degree assault is punishable by no more than 5 years’ imprisonment, a $10,000 fine, or both; however, the court found that appellant was a habitual criminal under Neb. Rev. Stat. § 29-2221 (Reissue 1989).

FACTS

On August 25, 1989, Officer Stahlhut and…