State v. Aguallo

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State v. Aguallo

Case Number
Call Date
April 27, 2016
Court Number
Box Butte
Case Summary

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.