A-15-097, State of Nebraska v. Israhel Cruz (Appellant)
Dakota County, District Court Judge Paul Vaughn
Attorney for Appellant: Zachary S. Hindman (Bikakis, Mayne, Arneson, Hindman & Hisey)
Attorney for Appellee: Douglas J. Peterson and Stacy M. Foust (Attorney General's Office)
Criminal Action: Attempted first degree sexual assault of a child, attempted incest, and child abuse as to Appellant's younger daughter, and first degree sexual assault of a child, incest, two counts of manufacturing a visual depiction of sexually explicit conduct with a child as a participant, two counts of possessing a visual depiction of sexually explicit conduct with a child as a participant, and child abuse as to Appellant's older daughter.
Action Taken by Trial Court: A jury found Appellant guilty of the above offenses. The trial court imposed the following sentences: 1) 15 to 20 years' imprisonment for attempted sexual assault of a child in the first degree, (2) 1 to 3 years' imprisonment for attempted incest, and (3) 2 to 5 years' imprisonment for child abuse, (4) 30 to 40 years' imprisonment for first degree sexual assault of a child, (5) 3 to 5 years' imprisonment for incest, (6) 3 to 5 years' imprisonment for the first count of manufacturing a visual depiction of sexually explicit conduct with a child as a participant, (7) 3 to 5 years' imprisonment for the second count of manufacturing a visual depiction of sexually explicit conduct, (8) 1 to 3 years' imprisonment for the first count of possession of a visual depiction of sexually explicit conduct with a child as a participant, (9) 1 to 3 years' imprisonment for the second count of possession of a visual depiction of sexually explicit conduct, and (10) 2 to 5 years' imprisonment for child abuse.
Assignments of Error on Appeal: Appellant contends that (1) there was insufficient evidence to support Appellant's convictions for attempted first degree sexual assault and attempted incest; (2) the trial court erred in excluding evidence of the older daughter's lack of credibility with respect to a prior allegation of sexual abuse; (3) Appellant's trial counsel was ineffective in several ways, including failing to request a limiting instruction, failing to move to sever the charges, failing to investigate the older daughter's sexual history, and failing to object to a violation of Appellant's Fifth Amendment rights at sentencing; and (4) the sentences imposed upon Appellant were excessive.