Name: Juan Hernandez AKA Johnny Mike Hernandez
Case: United States v. Juan Hernandez Nebraska No. S-99-1102
Date Of Conviction: 1998
Plea: Not Guilty
Charges: First Degree Sexual Assault Of A Child
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? NO
Johnny Mike Hernandez, also known as Juan Hernandez, was convicted pursuant to a jury verdict of sexual assault in the first degree, in violation of Neb. Rev. Stat. § 28-319(1) (Reissue 1995). In its sentencing of Hernandez, the district court for Madison County found that the current conviction for first degree sexual assault was a second offense and enhanced his sentence pursuant to § 28-319(3). Hernandez appeals the enhancement of his sentence.
The question presented is whether the military offense of sodomy for which Hernandez was previously convicted and sentenced includes essentially the same elements as first degree sexual assault (§ 28-319) for purposes of sentence enhancement under § 28-319(3). We conclude that the elements of the military offense of sodomy with a child under the age of 16 includes essentially the same elements of the offense for which Hernandez stands convicted in the instant case and, therefore, affirm the judgment of the district court.
D.W. was 7 years old in July 1998 when he told his mother that a family friend, “Uncle Johnny,” had put his mouth on D.W.’s penis, had grabbed D.W.’s penis, and had also rubbed his own penis on D.W.’s bottom. D.W.’s mother reported the matter to the Norfolk police for investigation.
At Hernandez’ sentencing hearing, the court received exhibits 9 and 11, which contain certified copies of the charge sheets, the general court-martial order, and the decision of the Army Court of Military Review, all relating to the 1987 court-martial convictions of Hernandez.
The evidence reveals that Hernandez was charged with and found guilty of two counts of sodomy with a child under the age of 16, in violation of article 125 of the Uniform Code of Military Justice (UCMJ), and one count of committing an indecent act with the body of a child under the age of 16, with intent to gratify Hernandez’ sexual desires, in violation of article 134 of the UCMJ. These acts occurred on May 27, 1987, while Hernandez was in the Army, stationed in Meunchweiler, Germany.
On November 9, 1998, an information was filed charging Hernandez with first degree sexual assault on D.W. He pled not guilty. The State amended the information on May 5, 1999, alleging that Hernandez had once before been found guilty pursuant to § 28-319 or any other state or federal law with essentially the same elements as first degree sexual assault, as specified in § 28-319. Hernandez similarly pled not guilty to the amended information. A trial ensued, and the jury returned a guilty verdict on May 14. The district court accepted the verdict and adjudged Hernandez guilty of first degree sexual assault on the same day.
Conclusion
For the foregoing reasons, we conclude that the district court properly utilized Hernandez’ prior sodomy conviction to enhance his penalty for first degree sexual assault. Therefore, we affirm the judgment of the district court.
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An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Juan Hernandez
U.S. Army
Convicted Sex Offender
First Degree Sexual Assault Of A Child
