OMAHA, Neb. (AP) — A Nebraska man serving time for sexual assault is getting another shot at his case after the state Supreme Court cited his lawyer's failure to object to the remarks of a prosecutor who had promised to remain silent during the man's sentencing hearing.
The high court Friday reversed the second-degree sexual assault conviction and 18- to 20-year prison sentence of a 45-year-old Omaha man who had pleaded guilty to the charge in 2009. The plea was part of a deal to avoid a first-degree child sexual assault charge after police said the man had sexually abused his young daughter.
The Associated Press is not naming the man to protect his daughter's identity.
The man can now chose to withdraw his guilty plea or have a different judge sentence him.
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This story has been corrected to show that the man is from Omaha.
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