The Nebraska Court of Appeals has vacated the sentence handed down to a Scottsbluff man convicted of third degree sexual assault of a child.
Mario Herrera, 57, had been sentenced to two year in prison with 18 months post-release supervision last year for the sexual assault of a child that took place between January and May 2015.
Herrera appealed the sentence claiming it was excessive, and upon review the Appeals Court vacated the sentence, sending the case back to Scotts Bluff County District Court for re-sentencing.
However, the intermediate court did not rule on Herrera’s claim, instead finding that the presiding judge used current sentencing guidelines instead of those in effect at the time the crime occurred. Prior to August 2015, Class 3A felonies were punishable by a sentence of up to five years, a $10,000 fine, or both, with no post-release supervision.
Herrera started serving his prison sentence in August 2018, and Department of Corrections records indicate that prior to the appeal, Herrera was eligible for parole in April with 191 days credit under the state’s good time law.