State of Nebraska v. Perry D. Davis, 277 Neb. 161

Summary

The Supreme Court of Nebraska reviewed Perry D. Davis's convictions for first degree sexual assault and sexual assault of a child. The court held that sufficient evidence supported both convictions and rejected Davis's challenges to the victim's testimony and the statutory elements. It modified the minimum sentence for the sexual-assault-of-a-child conviction from 4 years to 20 months based on an intervening sentencing amendment, and otherwise affirmed.

Holdings

1. The victim's testimony alone was legally sufficient to support the first degree sexual assault conviction if believed by the fact finder; corroboration was not required.
2. Serious personal injury was not a statutory element of sexual assault of a child under the applicable version of Nebraska law.
3. When a criminal sentencing statute is amended to mitigate punishment after the offense but before final judgment, the defendant is entitled to the benefit of the amended punishment unless the Legislature provides otherwise.
4. The 20-to-30-year sentence for first degree sexual assault and the modified 20-month-to-5-year sentence for sexual assault of a child were not excessive or an abuse of discretion because they fell within the applicable statutory ranges and were supported by the relevant sentencing factors.

Questions Presented

1. Whether the evidence was sufficient to support Davis's conviction for first degree sexual assault when the conviction rested principally on the victim's testimony and lacked corroboration.
2. Whether the evidence was sufficient to support the sexual-assault-of-a-child conviction, including whether the State had to prove serious personal injury.
3. Whether the minimum sentence imposed for the sexual-assault-of-a-child conviction was lawful after an amendment mitigating the applicable Class IV felony sentencing range.
4. Whether the imposed sentences were excessive and constituted an abuse of discretion.

Disposition

affirmed