A Scottsbluff man who had his prison sentence vacated by the Nebraska Court of Appeals has had his sentence reinstated by the Nebraska Supreme Court.
27-year-old Cody Olbricht was sentenced to 18 to 30 years in prison in Scotts Bluff County District Court in 2015 on a conviction of intentional child abuse causing serious bodily injury.
An investigation began in September, 2014 when his girlfriend’s three-year-old daughter was taken to the emergency room with bruising on her arms, face, torso, and legs. Doctors found there was also bleeding in the child’s brain and a laceration in the liver.
Following a three day bench trial in March, 2015, Olbricht was found guilty of the charges. However upon further review from the Court of Appeals, they agreed with Olbricht that there was insufficient evidence to prove that he was the person who caused the child’s injuries. There was no definitive timetable on when the injuries occurred, and the child was also in the custody of the girl’s mother, as well as a babysitter in Lyman.
Cassandra Miller pleaded no-contest to child abuse neglect last summer, and was sentenced to 2 years of probation.
However a recent ruling from the Nebraska Supreme Court overruled the Court of Appeals decision, and stated there was sufficient evidence to sustain the conviction. The high court added they found no merit to Olbricht’s remaining assignment of error.
Olbricht’s sentence was modified to reflect Scotts Bluff County District Court’s oral pronouncement of a term of incarceration of 15 to 30 years, rather than the recorded 18 to 30 year prison sentence.