S-22-0288 State of Nebraska (Appellee) v. Perry F. Hines (Appellant)
Appeal from the District Court for Hall County, Judge Patrick M. Lee
Attorneys: Gerard A. Piccolo (Hall County Public Defender for Appellee) and Matthew Lewis (Asst. Attorney General for Appellee)
Criminal: Enticement by Electronic Communication Device, Use of an Electronic Communication Device to Commit Sexual Assault, Jury Instructions, and Excessive Sentence.
Proceedings below: After the district court declined to give Appellant’s proposed jury instruction regarding entrapment, Appellant was found guilty of and sentenced for use of an electronic communication device to commit sexual assault (fifteen to thirty years in prison) and enticement by an electronic communication device (twenty-three to twenty-four months in prison). On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes two assignments of error: 1) that the lower court erred in refusing to give the requested instruction on entrapment consistent with NJI Crim. 7.7; and 2) that inappropriate sentences were imposed on each count.