A Lincoln man has lost another appeal of his conviction for raping a woman in March 2009.
Published reports reveal Sonny Balvin had challenged a judge's finding that the rape was an aggravated offense, making Balvin subject to lifetime community supervision when he finishes his sentence of 24-to-36 years.
The Nebraska Court of Appeals agreed that the matter was something for the jury to decide, so the case was returned for
The state didn't pursue the issue, and the district judge gave
Balvin the same sentence, minus the lifetime supervision.
Balvin again appealed, saying the court should have had a
hearing on the aggravated offense and that his attorney erred in not raising the supervision issue. The Appeals Court disagreed in a ruling released Tuesday.
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