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STATE v. WADE

No. 39473.

219 N.W.2d 233 (1974)

192 Neb. 159

STATE of Nebraska, Appellee, v. Martin Jerome WADE, Appellant.

Supreme Court of Nebraska.

June 20, 1974.

Attorney(s) appearing for the Case

Martin Jerome Wade, pro se.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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

BOSLAUGH, Justice.

The defendant was originally charged in separate counts with possession with intent to distribute cocaine and heroin. Pursuant to a plea bargain the second count in the information was dismissed. The defendant then entered a plea of guilty to possession of cocaine with intent to distribute and was sentenced to imprisonment for 5 to 6 years. Later this sentence was set aside, pursuant to L.B. 261 which amended section 28-4,125, R.S.Supp., 1972, effective...

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