IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) STATE V. BENITO YA NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). STATE OF NEBRASKA, APPELLEE, V. MARTIN BENITO YA, APPELLANT. Filed November 9, 2021. No. A-21-518. Appeal from the District Court for Dodge County: GEOFFREY C. HALL, Judge. Affirmed. Richard Register, for appellant. Douglas J. Peterson, Attorney General, and Matthew Lewis for appellee. RIEDMANN, BISHOP, and ARTERBURN, Judges. ARTERBURN, Judge. INTRODUCTION Martin Benito Ya appeals from his plea-based convictions in the district court for Dodge County for first degree sexual assault of a child and incest. On appeal, Benito Ya alleges that the district court failed to preserve an accurate record of the proceedings, erred by not ensuring he understood the proceedings, and imposed excessive sentences. For the reasons set forth herein, we affirm. BACKGROUND On February 17, 2021, the State charged Benito Ya by information with two counts of first degree sexual assault of a child, two counts of incest, and two counts of child abuse. Pursuant to a plea agreement, the State amended the information to charge Benito Ya with one count of first degree sexual assault of a child, a Class IB felony, pursuant to Neb. Rev. Stat. § 28-319.01 (Reissue -1- 2016), and one count of incest, a Class IIA felony, pursuant to Neb. Rev. Stat. § 28-703 (Reissue 2016). Benito Ya pled no contest to the charges contained in the amended information. Benito Ya does not read, write, or speak English. He speaks K’iche’, a Mayan language. He was appointed an interpreter to assist him during the court proceedings; however, there is no court certification for the K’iche’ language. At the initial hearing before the district court, Benito Ya’s counsel informed the court that there would be some translation issues because Benito Ya could not read the rights or advisories in his native language. However, his counsel also stated that “[t]he Court should be informed that we’ve had multiple communications with this interpreter and [Benito Ya] and explained various things. He does appear to understand and respond appropriately to this language as it is being translated.” At that same hearing, the district court informed Benito Ya that first degree sexual assault of a child is a Class IB felony. The court at that time incorrectly advised Benito Ya that the minimum sentence is 20 years’ imprisonment, but accurately identified the maximum sentence as being life imprisonment. See State v. Russell, 291 Neb. 33, 863 N.W.2d 813 (2015). Initially, Benito Ya indicated that he did not understand the court’s sentencing advisement. The district court explained the sentencing advisement again, and Benito Ya then informed the court that he now understood the advisement. The district court then advised Benito Ya that the charge of incest is a Class IIA felony, which carries a minimum sentence of no imprisonment and a maximum sentence of 20 …
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