State v. Thompson
Nebraska Court of Appeals
735 N.W.2d 818 (2007)
Richard Thompson (defendant) engaged in inappropriate sexual contact with his girlfriend's 12-year-old daughter, E.G. Conflicting professional evaluations existed: a counselor who relied on E.G.'s statements recommended 10 years' imprisonment and believed Thompson had likely offended before, while a psychologist who separately evaluated Thompson concluded he was not a sexual predator but had impulse-control problems. Thompson pleaded no contest to two counts, and the trial judge sentenced him to 10 years of intensive probation with restrictions on contact, alcohol, and living arrangements rather than prison; the state appealed the sentence as too lenient.
Whether, under state sentencing law, a trial court may impose a sentence other than imprisonment for a serious sexual offense.