A Scottsbluff man will get a new trial following his 2018 conviction on a felony enticement charge involving a minor girl.
The Nebraska Supreme Court Friday agreed with a prior stipulation between the State and defense attorney Sterling Huff in the case of Kobe Paez for a new trial due to an error in the instructions prior to jury deliberations.
Paez was found guilty of enticement by electronic communication device but not guilty of 1st Degree Sexual Assault of a Minor involving a then-14-year-old girl.
Paez claimed in his appeal that the court erred by failing to tell the jury that elements of the enticement offense required prior knowledge the message recipient was under the age of 16.
The Nebraska Attorney General’s office suggested a new trial on the charge, to which the defense agreed. The state high court confirmed, concluding a retrial on the charge would not be double jeopardy as long as the sum of the evidence admitted in the previous trial was sufficient for a guilty verdict, and remanded the case to the Scotts Bluff County District Court.
Following his conviction, Paez was sentenced to three years probation and given restrictions on use of the internet.