State v. Pauly

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State v. Pauly

Case Number
Call Date
February 4, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0401 & S-21-0409, State (Appellant) v. Patrick M. Pauly (Appellee/Cross-Appellant)

Sarpy County District Court, Judge George Thompson

Attorneys: R. Scott Earl (County Attorney’s Office) (Appellant) --- Marcus A. Sladek (Dornan, Troia, Howard, Breitkreutz, Conway & Dahlquist, PC LLO) (Appellee/Cross-Appellant)

Criminal: Excessively lenient sentence; Sex Offender Registry Act (SORA); subject matter jurisdiction; 1st degree sexual assault

Proceedings below: Following a jury trial, Appellee was found guilty on 4 counts of 1st degree sexual assault and sentenced to 5 years of probation on each count, to run concurrently.

Issues: Whether the district court erred in 1) ordering an excessively lenient sentence for Appellee’s crimes perpetrated upon his victim by entering an order of probation, 2) ordering an excessively lenient sentence by not finding aggravation under the SORA against Appellee who committed four counts of 1st degree sexual assault on a victim under the age of 13, or 3) in the alternative, committed plain error by failing to make a finding of aggravation under the SORA.

Issues on Cross-Appeal: Whether the district court erred in 1) denying Appellee’s motion for directed verdict at the conclusion of the State’s case, 2) denying Appellee’s motion to dismiss for lack of subject matter jurisdiction, and 3) refusing Appellee’s proposed jury instruction regarding the date when the alleged incidences occurred.

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