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STATE v. BRUNA

No. A-05-529.

710 N.W.2d 329 (2006)

14 Neb. App. 408

STATE of Nebraska, appellee, v. Jay E. BRUNA, appellant.

Court of Appeals of Nebraska.

January 10, 2006.

Attorney(s) appearing for the Case

Lawrence G. Whelan, Omaha, for appellant.

Jon Bruning, Attorney General, and Kevin J. Slimp for appellee.

IRWIN, SIEVERS, and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

Jay E. Bruna appeals his resentencing for first degree sexual assault on a child because it exceeded the original sentence, which had been vacated. We conclude (1) that the presumption of vindictiveness in sentencing set forth in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), overruled on other grounds, Alabama...

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