LINCOLN — A former Norfolk man convicted earlier this year of attempted incest and intentional child abuse resulting in death is appealing his convictions through the Nebraska Court of Appeals.
Dale Matteson, 51, through his attorney, Michael Wilson of Lincoln, filed a notice in June stating his intent to appeal his convictions and subsequent sentences issued by Madison County District Judge Mark Johnson.
Matteson pleaded guilty to attempted incest in March and was found guilty of child abuse following a jury trial in April. The charges were filed following an attempt by Matteson to have sex with his 17-year-old daughter in July 2019 and her suicide in September the same year.
Matteson was sentenced to serve 75 to 80 years in prison for the child abuse conviction and an additional 2 to 3 years for attempted incest.
According to Nebraska Revised Statute 25-1912, proceedings to obtain a reversal, vacation or modification of judgments made by the district court must be filed within 30 days of sentencing.
Matteson and his attorney submitted an appeal notice on June 10 — 20 days after Matteson was sentenced in Madison County District Court. They have until Monday, Aug. 2, to submit a separate petition containing the grounds for which they believe Matteson’s convictions and sentences should not be upheld.
Upon review of the petition, the Court of Appeals may decide to: affirm the decision of the trial court, in which case the verdict at trial stands; reverse the decision to the trial court, in which case a new trial may be ordered; or remand the case to the trial court.
The Court of Appeals’ brief in response to Matteson and his attorney must be served and filed within a month of when Matteson’s defense served and filed their petition. Wilson declined to comment on the pending appeal.
Since his May 21 sentencing, Matteson has been housed at the Nebraska Diagnostic and Evaluation Center in Lincoln. He will not be eligible for parole until May 2059, when he will be 89 years old.