STATE v. FULTON

No. 88-786.

438 N.W.2d 788 (1989)

231 Neb. 918

STATE of Nebraska, Appellee, v. Daniel J. FULTON, Appellant.

Supreme Court of Nebraska.

April 21, 1989.


Attorney(s) appearing for the Case

Charles F. Fitzke, Scotts Bluff County Public Defender, and Bernard J. Straetker, for appellant.

Robert M. Spire, Atty. Gen., and Marie C. Pawol, for appellee.

HASTINGS, C.J., SHANAHAN, and FAHRNBRUCH, JJ., and NORTON, District Judge, and RONIN, District Judge, Retired.


FAHRNBRUCH, Justice.

Daniel J. Fulton alleges that the trial court failed to inform him of his constitutional rights at the hearing where the defendant entered a "no contest" plea to a charge of attempted assault in the first degree upon an 18-month-old child Fulton was babysitting.

Fulton also claims that his 2- to 4-year sentence of imprisonment is excessive.

We affirm Fulton's conviction but modify his sentence for reasons hereinafter stated.

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