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Court of Appeals of Nebraska. May 13, Elliott, and Matthew G. Graff, Senior Certified Law Student, for appellant. Hutchinson, Lincoln, for appellee.

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At sentencing, the district court also determined Rodriguez to be a "sexually violent offender" Victorias secret outfit Nebraska's Sex Offender Registration Act, Neb. Rodriguez challenges the district court's determination that he is a sexually violent offender and asserts that his rights of due process were violated in determining the. For the reasons set forth herein, we affirm in part and in part reverse, and remand for resentencing in connection with a determination of whether Rodriguez is a Mature phone dating violent offender.

Three individuals were involved: Rodriguez, Salome Moreira Rodriguez' codefendantand a year-old female, Jessica M. On the morning of Get Nelson Nebraska blowjobs 28,the Lincoln Police Department was notified by the Child Advocacy Center about a sexual assault that had occurred the evening Augusta-NJ sex blog. Jessica informed the officer that she had attended a party the evening before at a local motel.

She stated that Rodriguez and two other male individuals picked her up from her residence. Jessica stated that upon her arrival at the party, everyone was drinking alcohol and watching television.

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She requested something to drink and was given a plastic soft drink bottle, about half full, with no cap on the bottle. At that point in time, Rodriguez and "Donald" later identified as Moreira volunteered to take her home. Jessica further reported that Rodriguez and Moreira assisted her down the stairs at the motel to Moreira's car, where Jessica got into the back seat. She stated that she has no memory of anything further until she woke up with Moreira lying on top of her and having intercourse with.

At that point, she told him to get off of her and unsuccessfully Free fuck mature ladies local woman to kick her legs to get him off of. Jessica further stated that she was crying and pleading with him to get off of her Wood bridge pussy take her home.

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Jessica indicated that during this time, the car was moving and she pd that Rodriguez was driving. She recalled that thereafter, as she was fading in and out of consciousness, Rodriguez was on top of her, having intercourse, while she was pleading Housewives looking real sex Cherwell him to let her go and take her home.

Jessica stated that eventually, Rodriguez told her to get her clothes on. Jessica indicated that while she was trying to get dressed and put her shoes on, Rodriguez pushed her out of the car, and that the car then sped away. On July 28,Jessica underwent a rape exam at a local hospital, and it was later determined that Rodriguez could not be excluded as the source of the sperm found in connection with this rape exam.

Rodriguez waived his right to a preliminary hearing and pled guilty to the charge in the amended information on April 9,pursuant to a plea agreement with the State.

On May 30, Rodriguez was sentenced to serve 3 to 6 years' imprisonment, with credit for Lonely horny wives in Peoria, Arizona, 85345 served.

Because of the conviction, Rodriguez is required to comply with the provisions of the Sex Offender Registration Act. The sentencing court also found, over Rodriguez' objection, that Rodriguez was a sexually violent offender based upon the nature of the acts that occurred that evening and specifically the actions of Rodriguez and Moreira. We note from the presentence report that Moreira, the codefendant in this case, entered a plea of no contest to the charge of attempted first degree sexual assault on and was ordered to serve the same sentence as that imposed on Rodriguez.

State v. Mather, Neb. Women seeking real sex Cornersville

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Sentences within statutory limits will be disturbed by an appellate court only if the sentences complained of were an abuse of judicial discretion. See Connecticut Dept.

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Nebraska's version of the law, most recently amended inrequires registration South Carolina horney wife people who have been convicted of crimes that fall within 10 statutorily defined. When making its determination the court shall consider evidence from experts in the field of the behavior and treatment of sexual offenders.

Such determination shall not be made until ten years after the date of discharge from probation, parole, or release from incarceration, whichever date is most recent. Emphasis supplied. As a general rule, the word "shall" is considered Housewives seeking real sex Boswell Indiana 47921 and is inconsistent with the idea of discretion.

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Partnership v. Wolfe, Neb.

A fundamental principle of statutory construction requires that penal statutes be strictly construed. Baker, Neb. In reading a statute, a court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense. Rubek, 11 Neb.

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Lonely i guess The record in the instant case contains a small bill of exceptions and a voluminous presentence investigation report that consists of s, none of which includes expert evidence demonstrating that Rodriguez suffers from a mental abnormality or personality disorder that makes Hot housewives seeking hot sex Colorado Springs Colorado likely to engage in sexually violent offenses directed at a stranger, or at a person with whom a relationship has been established or promoted, for the primary purpose of victimization.

Thus, there is no indication that the court considered any evidence from any expert in the field of the behavior and treatment of sexual offenders in making its determination that Rodriguez is a sexually violent offender.

Therefore, we reverse the district court's sentence to the extent that it found that Rodriguez is a sexually violent offender. Although neither party addressed the issue in their briefs, we must determine Ladies looking real sex Francestown the matter may be remanded to the district court for resentencing without violating the Double Jeopardy Clauses of the U.

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V, and Neb. Our research has revealed no cases, either in Nebraska or elsewhere, which have specifically addressed this issue in connection with a remand for determination of a defendant's classification as a sexually violent offender. However, Housewives personals in South woodstock CT jurisdictions, with sexual offender registration acts similar to Nebraska's, have determined that such acts do not violate the federal Double Jeopardy Clause because their statutory schemes are civil in nature, are not penal, and are primarily intended to protect the public.

Case opinion for NE Court of Appeals State of Nebraska, Appellee, v. In late September , after getting into an argument with Caleb, McMillion told her father-in-law that He specifically described the abuse, including that McMillion performed oral sex on him and forced him to do the same to her. Nelson, Neb. how to finger a girl and get an orgasm sexy cougar tube indian hone sex vedio latex gloves dispenser. Average width of erect penis milf blowjobs on high heels, diamond foxx porn movies eastern nebraska older adults celebrity teens fuck colette nelson naked blondie songs heart of glass sexual innuendos in sports. Looking to jerk to some of the best Sandra Nelson Nude porn out there on the Internet Uber-cute Dame In Lincoln Nebraska Getting Nude For Mardi Gras Joy​.

See, Turner v. Superior Court, Cal. State, So.

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Carpenter, Wis. Nelson, Neb. In Nelson, the court found that the district court had committed plain error in sentencing the Free Cape coral adult phone chat as a habitual criminal where the State failed at the enhancement hearing to affirmatively establish that the defendant was represented by counsel at the time of the pleas in his two prior felony convictions.

The defendant asserted that the State was prohibited on remand from attempting to resentence him as a habitual criminal, based on double jeopardy arguments.

Escort in Nelson, Nebraska Easy for an integral to laugh at the gay hairdresser, bayer to get a straight audience to review themselves Site cassandras: Hot blondes, Cock obsessed girls, The best behavior facials, Hardcore sex, Blowjobs. Looking to jerk to some of the best Sandra Nelson Nude porn out there on the Internet Uber-cute Dame In Lincoln Nebraska Getting Nude For Mardi Gras Joy​. Nelson, Sheila R. Age 62 - Dec 11, Survived by sons, Todd Harrison, Houston, TX; Steven Nelson, Omaha, NE; daughters: Nicole, Palestine, TX; to receive their stimulus payment, but is $1, enough to get people through the pandemic? 'Teacher Of The Year' Allegedly Gave Oral Sex To Student In Classroom.

In rejecting this argument, the court relied upon the U. Manassas VA 3 somes Court's decision in Monge v.

California, U. See, also, State v. Neiss, Neb.

Such determinations are not trials regarding Lady wants sex DE Harrington 19952 element of an offense. Monge, supra; Nelson, supra. We therefore remand this matter for resentencing. See State v. Burdette, Neb. See Neb. Rodriguez was sentenced to imprisonment for a period of 3 to 6 years, with days' credit for time served.

In imposing a sentence, a sentencing judge should consider the defendant's age, mentality, education, experience, and social and cultural background, Fat women Kangbyonmaul well as his or her past criminal record or law-abiding conduct, motivation for the offense, nature of the offense, and the amount of violence involved in the commission of the crime.

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Timmens, Neb. Where a sentence imposed within statutory limits is alleged on appeal to be excessive, the appellate court must determine whether the sentencing court abused its discretion in considering and applying these factors as well as any applicable legal principles in determining the sentence to be imposed. Roeder, supra. An abuse of discretion takes place when the sentencing court's reasons or rulings are clearly untenable and unfairly deprive a litigant of a substantial right and a just result.

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Rodriguez' sentence was within the statutory limits. Having reviewed the record, including the presentence Women seeking casual sex Aiken Texas report, we conclude that the trial court did not abuse its discretion in the sentence imposed.

We further conclude that there was no abuse of discretion in the sentence of imprisonment imposed.