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State Nebraska v. Matthew C. Campbell

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eBook details

  • Title: State Nebraska v. Matthew C. Campbell
  • Author : Supreme Court of Nebraska
  • Release Date : January 30, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

On December 19, 1989, a four-count information was filed in the Douglas County District Court, charging defendant, Matthew
C. Campbell, with (1) first degree sexual assault on a child, in violation of Neb. Rev. Stat. § 28-319(1)(c) (Reissue
1989); (2) burglary, in violation of Neb. Rev. Stat. § 28-507 (Reissue 1989); (3) robbery, in violation of Neb.
Rev. Stat. § 28-324 (Reissue 1989); and (4) theft by unlawful taking, in violation of Neb. Rev. Stat. §
28-511 (Reissue 1989). Defendant was tried before a jury on February 14 and 15, 1990. Count IV, theft by unlawful taking,
was dismissed by order of the court before the case was submitted to the jury. The jury returned guilty verdicts on the other
three counts. Defendant's motion for a new trial was denied. After a sentencing hearing, defendant was sentenced to the Nebraska
Department of Correctional Services. He was sentenced to 2 years for first degree sexual assault on a child, with credit for
time served; 2 years for burglary, to run concurrently with the sentence for sexual assault, with credit for time served;
and 10 to 15 years for robbery, to run consecutively to the first two counts. Defendant timely appealed. His brief before
this court contains 13 assignments of error. We affirm. The record shows the following: On June 19, 1989, Campbell, born April 12, 1969, met Melissa Kinnear, a mature-looking 14-year-old
girl. At the time Kinnear was staying with a 25-year-old woman, Joella Spencer, who was dating a friend of the defendant's.
Spencer testified that she was under the belief that Kinnear was 18 years old and that she had known Kinnear to drive an automobile
and to purchase liquor with false identification. Kinnear testified that shortly after she met the defendant, they had a long
conversation during which she told him her actual age.


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