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STATE v. ROBERTS

No. 38194.

196 N.W.2d 118 (1972)

188 Neb. 209

STATE of Nebraska, Appellee, v. Robert Ray ROBERTS, Appellant.

Supreme Court of Nebraska.

March 24, 1972.

Attorney(s) appearing for the Case

Thomas L. Anderson, Grand Island, for appellant.

Clarence A. H. Meyer, Atty. Gen., Betsy G. Berger, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

SPENCER, Justice.

Defendant, Robert Ray Roberts, pled guilty to Count I, for possession, and Count II, for sale of marijuana. When defendant appeared for sentencing on June 4, 1971, Count I was dismissed, and defendant was sentenced for a period of 2 to 5 years in the Nebraska Penal and Correctional Complex on Count II. This was the penalty and sentence provided for a violation of section 28-472.02, R.S.Supp., 1969, which section was repealed, effective May 26, 1971...

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