Nebraska Court of Appeals upholds conviction of Grand Island man in sexual assault case

GRAND ISLAND, Neb. — The Nebraska Court of Appeals has affirmed the conviction and sentencing of a Grand Island man charged with sexually assaulting a minor.

Cory Gilmore was sentenced in June to 36 to 48 years in prison on two counts of first-degree sexual assault. Court records said he was initially charged with first-degree sexual assault of a child, first-degree sexual assault and third-degree sexual assault of a child, but pleaded no contest to the two sexual assault counts as part of a plea deal.

According to an arrest affidavit, a report of a possible sexual assault came into the child abuse hotline that Gilmore sexually assaulted a minor girl when he was intoxicated.

A Grand Island police officer later interviewed the girl – who is younger than 19 years old – who said she was sexually assaulted by Gilmore from early 2021 to December 2023.

In his appeal, Gilmore claimed the District Court abused its discretion by imposing an excessive sentence. He also claimed his trial counsel was ineffective in failing to take the deposition of the alleged victim and failing to move to withdraw Gilmore’s plea before sentencing.

In its ruling, the Court of Appeals denied Gilmore’s claim of ineffective trial counsel. In his appeal, Gilmore said that at sentencing, he notified his counsel that he wished to withdraw his no-contest plea as he didn’t want to plead guilty or to say he did something he didn’t do.

The Court of Appeals said that at no point did Gilmore inform the District Court that he wished to withdraw his plea and that the District Court asked him if he made his plea “knowingly and voluntarily.”

The Court of Appeals also said in its order that at Gilmore’s sentencing hearing, the District Court looked at Gilmore’s risk to reoffend, his criminal history and the fact that he “showed no remorse for the trauma he has inflicted” in imposing its sentencing. The Court of Appeals said this was appropriate and that his sentencing was not excessive.