More than 10 months after her conviction, Daphne Hansen's case has been decided again--this time in the Court of Appeals, which has reversed one of the convictions.
In Antelope County District Court last May, Hansen, 62, was found guilty on three of the five counts against her after a two-day bench trial. Judge James Kube adjudged her guilty of arson in the second degree, a class III felony; conspiracy to commit arson, a class III felony; and consummation of a felony, a class IV felony.
In July 2013, Hansen was sentenced to indeterminate terms of 24 to 30 months’ imprisonment for her second degree arson conviction and 24 to 30 months’ imprisonment for her conspiracy to commit arson conviction, to run concurrently with each other. The court sentenced her to 6 to 12 months’ imprisonment for aiding the consummation of a felony conviction, to run consecutively to her second degree arson and conspiracy sentences.
On appeal, Hansen argued the evidence was insufficient to support her convictions, she received ineffective assistance of counsel, and the trial court imposed excessive sentences.
Today the Court of Appeals filed an opinion affirming her convictions and sentences for arson in the second degree and conspiracy to commit arson; however, reversed her conviction and sentence for aiding the consummation of a felony, so the 6 to 12 months’ sentence will not be served. Her indeterminate term of 24 to 30 months will stand. The Court of Appeals also found the record is insufficient to determine her claims for ineffective assistance of counsel.
Hansen was represented by attorney Tregg Lunn of Lincoln and Joe Smith was the prosecutor in the case. Her charges stemmed from a June 2010 incident in which investigators from the Nebraska State Fire Marshal’s office determined that a house fire at 204 K St. in Neligh was “intentionally set.”