State v. Heinen
A-20-929
| Neb. Ct. App. | Jun 22, 2021Background:
- Heinen (29) was charged with Generation of Child Pornography (Class ID) and third-degree sexual assault of a child; he pled no contest to the porn charge under a plea agreement that dismissed the assault charge and avoided a habitual enhancement.
- Police downloaded Heinen’s phone and found photos of a 10-year-old victim touching and holding Heinen’s erect and flaccid penis; Heinen admitted the photos were taken at his residence within weeks of the interview.
- At plea and sentencing, the court reviewed the PSR, the victim’s letter (asking for life sentence), and a letter from Heinen minimizing the charges; Heinen also made statements taking some responsibility at sentencing.
- The PSR documented extensive juvenile and adult criminal history, substance abuse, and high risk to reoffend; Heinen was on postrelease supervision when the offense occurred.
- The district court sentenced Heinen to 29–36 years’ imprisonment (within the 3–50 year statutory range) and required sex-offender registration; Heinen appealed, arguing excessive sentence and ineffective assistance of trial counsel.
Issues:
| Issue | Heinen's Argument | State's Argument | Held |
|---|---|---|---|
| Excessive sentence | Sentence (29–36 yrs) is an abuse of discretion; court overemphasized offense and ignored mitigation (treatment needs, abuse history, plea) | Sentence is within statutory range and court properly weighed aggravating/mitigating factors | Affirmed — no abuse of discretion; sentence within statutory limits and reasonably supported by record |
| Ineffective assistance — communication | Trial counsel failed to adequately explain charges, evidence, and procedures | Record (plea colloquy, hearings, counsel’s statements) shows Heinen was informed and counsel explained rights/charges | Claim fails — record conclusively refutes deficient communication and shows no prejudice |
| Ineffective assistance — coercion/promises | Counsel coerced plea by scheduling hearings without notice and promising a sentence of 8–10 years | Record shows Heinen attended hearings, plea was continued with his presence, court advised statutory range and Heinen denied any promises | Claim fails — no evidence of coercion or promised sentence; Heinen said no promises were made; no prejudice shown |
Key Cases Cited
- State v. Lierman, 305 Neb. 289 (2020) (sentencing review; appellate deference when within statutory limits)
- State v. Blaha, 303 Neb. 415 (2019) (standards for assessing ineffective assistance on direct appeal and plea challenges)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)