A-16-0422, State of Nebraska v. Eliasib R. Bazaldua (Appellant)
Lancaster County, District Judge Andrew Jacobson
Attorney for Appellant: Joe Nigro and Kristi Egger Brown (Lancaster County Public Defender's Office), and Haleigh Brockman (Senior Certified Law Student)
Attorney for Appellee: Douglas J. Peterson and Sarah E. Marfisi (Attorney General's Office)
Criminal Action: Sexual Assault of a Child, 1st degree; Sexual Assault of a Child, 3rd degree
Action Taken by Trial Court: Bazaldua pled 'no contest' to one count of third degree sexual assault of a child, but chose to go to trial on one count of first degree sexual assault of a child. Following a jury trial, Bazaldua was convicted of first degree sexual assault of a child. He was sentenced to imprisonment for 30 to 60 years for first degree sexual assault of a child, and 4 to 5 years for third degree sexual assault of a child. The sentences were ordered to be served concurrently with each other.
Assignments of Error on Appeal: Restated, Bazaldua assigns: (1) the guilty verdict at trial was not supported by sufficient admissible evidence; (2) the district court imposed an excessive sentence; and (3) his counsel was ineffective.