S-18-0369 State of Nebraska (Appellee) v. Roger R. Swanson (Appellant)
Douglas County, Judge Russel Derr
Attorneys: Douglas Peterson & Siobahn E. Duffy (Attorney General’s office); Gregory A. Pivovar
Criminal: Sufficiency of the Evidence; Excessive Sentence
Proceedings Below: Roger Swanson appeals from a jury verdict convicting him of First Degree Sexual Assault of a Child under 12 and Third Degree Sexual Assault of a Child. Swanson was sentenced 42-43 years in prison: 40-41 years for First Degree Sexual Assault and 2 years for Third Degree Sexual Assault.
Issues: Swanson assigns that (1) the evidence was insufficient to survive a motion to dismiss at the close of the State’s case as to the First Degree Sexual Assault charge and to support conviction of both counts, (2) the district court abused its discretion in imposing an excessive sentence that was cruel and unusual punishment and (3) the district court abused its discretion in imposing an excessive sentence.