IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) STATE V. GONSALEZ 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. JUAN GONSALEZ, APPELLANT. Filed December 31, 2019. No. A-19-198. Appeal from the District Court for Polk County: RACHEL A. DAUGHERTY, Judge. Affirmed. Bruce E. Stephens, of Stephens Law Offices, P.C., L.L.O., for appellant. Douglas J. Peterson, Attorney General, and Melissa R. Vincent for appellee. MOORE, Chief Judge, and PIRTLE and BISHOP, Judges. BISHOP, Judge. Juan Gonsalez pled no contest to three counts of third degree sexual assault of a child and two counts of child abuse, all Class IIIA felonies. The Polk County District Court sentenced him to 3 years’ imprisonment on each of the five counts (all sentences to be served consecutively), with 498 days’ credit for time served, followed by 18 months’ postrelease supervision. Gonsalez claims the district court imposed excessive sentences and his trial counsel was ineffective. We affirm. BACKGROUND On October 30, 2017, the State filed an information charging Gonsalez with one count of first degree sexual assault of a child (named victim R.A.M.), a Class IB felony, pursuant to Neb. Rev. Stat. § 28-319.01 (Reissue 2016); one count of third degree sexual assault of a child (named victim R.A.M.), a Class IIIA felony, pursuant to Neb. Rev. Stat. § 28-320.01 (Reissue 2016); and one count of child abuse (no victim named), a Class IIIA felony, pursuant to Neb. Rev. Stat. § 28-707 (Reissue 2016). -1- On December 26, 2017, the State filed an amended information charging Gonsalez with two counts of first degree sexual assault of a child (named victims R.A.M. and A.L.), each a Class IB felony, pursuant to § 28-319.01; two counts of third degree sexual assault of a child (named victims R.A.M. and A.L.), each a Class IIIA felony, pursuant to § 28-320.01; and two counts of child abuse (no victim named), each a Class IIIA felony, pursuant to § 28-707. In a second amended information filed on April 20, 2018, the State charged Gonsalez with the same counts as in the amended petition, but dismissed the count of first degree sexual assault of a child naming A.L. as the victim. Pursuant to a plea agreement, the State once again amended the information on November 7, 2018, charging Gonsalez with three counts of third degree sexual assault of a child (named victim R.A.M.), each a Class IIIA felony, pursuant to § 28-320.01; and two counts of child abuse (named victim R.A.M.), each a Class IIIA felony, pursuant to § 28-707. At a hearing that same day, Gonsalez appeared with his counsel and a certified interpreter and pled “no contest” to all counts in this third amended information. According to the factual basis provided by the State, [O]n or between . . . January 1st, 2017, and May 22, 2017, . . . Gonsalez . ...
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