S-15-0849 State v. Manuel A. Aguallo (Appellant)
Box Butte County, Judge Travis P. O'Gorman
Attorneys: Bell Island (Island & Huff PCLLO) (Appellant) --- Nathan A. Liss (Attorney General's Office)
Criminal: Third degree sexual assault of a child, a Class IIIA felony
Proceedings below: Pursuant to a plea agreement, Appellant entered a no contest plea to one count of third degree sexual assault of a child. He was sentenced 59-60 months in prison. The State filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The district court erred in finding Appellant was not entitled to the benefit change in penalty enacted by LB 605, which reduced the maximum sentence for a Class IIIA felony and therefore, imposed an excessive sentence.