State v. Stone

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State v. Stone

Case Number
Call Date
August 29, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-16-0941 State v. Harold L. Stone (Appellant)

Thayer County District Court, Judge Vicky L. Johnson

Attorneys: Siobhan E. Duffy (Attorney General’s Office) --- Robert B. Creager (Anderson, Creager & Wittstruck, P.C.)

Civil: Sexual assault of child; constitutional challenge; mandatory minimum sentence

Proceedings below: Following a jury trial, Appellant was convicted and sentenced to 15 to 30 years imprisonment on Counts I, II, III & V for first degree sexual assault of a child and 4 to 5 years on Count IV for child abuse.

Issues: 1) The mandatory minimum term of 15 years imprisonment under Neb. Rev. Stat. § 28-319.01(2), based upon Appellant’s age, has no rational basis and violates the Equal Protection Clause of the 14th Amendment to the United States Constitution and Art. I sec. 3 of the Nebraska Constitution, and 2) the imposition of consecutive mandatory minimum sentences was unreasonable and excessive.

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