The Nebraska Court of Appeals says a lower court did not abuse its discretion in sentencing a man convicted of sexual assault to probation and six months in jail.

The appeals court ruled this week in the case of 23-year-old Jacob Martinez, of Omaha, who pleaded no contest last year to the 2010 rape of a teenage girl. Washington County Attorney Shurie Graeve appealed the sentence, saying it was too lenient.

Police say the girl was with Martinez, Martinez’ cousin and a woman in March 2010 when she became drunk. She reported the next day that she might have been raped. Medical test indicated she had, and DNA tests implicated Martinez.

At Martinez’ sentencing, the trial judge noted Martinez had no criminal history and was a low risk to reoffend.