A man convicted of murdering his girlfriend’s 4-year-old daughter in Sutherland will stay in prison.

39-year-old Donald Lee was convicted of murdering Ashlyn Gamble in July of 2008.

Authorities say Lee was babysitting Ashlyn on the night of July 19, when her mother returned home to find her in distress.

Ashlyn was rushed to Great Plains Regional Medical Center where she was pronounced dead.

An autopsy showed that Ashlyn had a fractured skull and had been strangled.

Represented by Public Defender, Robert Lindemeier, Lee entered a plea deal with prosecutors and pleaded no contest to a reduced charge of 2nd degree murder.

He was sentenced to 70 years to life in prison in July of 2009.

Recently, Lee’s attorney, Mike Nozicka, filed a motion for post-conviction relief.

Lee claimed that, because of multiple continuances in his case, his rights to a speedy trial, due process and representation by effective counsel were violated.  Nozicka argued that Lee was not notified that the continuances would not count against the state for speedy trial purposes, and that he did not authorize or request any continuances.

The case went before the Nebraska Supreme Court which ruled that there was not enough information, and sent the case back to Lincoln County.

Lincoln County District Court Judge, Donald Rowlands, listened to arguments in the case last week.

On Tuesday, Rowlands issued a ruling.

In Rowland’s ruling, he stated that the record clearly showed that Lee’s right to a speedy trial not violated, and that Lindemeier had not only been effective, but exemplary.

“Solely as a result of the efforts of Mr. Lindemeier, the defendant was spared the possibility of receiving death penalty in this case,” Rowlands said.  “Counsel’s performance was not only effective, it was exemplary and conformed to the highest standards in the legal profession.”

Lee will remain in the custody of the Nebraska Department of Corrections.  He is currently housed at the state prison in Tecumseh.