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STATE v. SHELBY

No. 39812.

232 N.W.2d 23 (1975)

194 Neb. 445

STATE of Nebraska, Appellee, v. Samuel SHELBY, Jr., Appellant.

Supreme Court of Nebraska.

August 7, 1975.

Attorney(s) appearing for the Case

Seb Caporale, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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

WHITE, Chief Justice.

The assignment of error in this case relates to the sentencing of the defendant to a period of 3 years in the Nebraska Penal and Correctional Complex, a period of 5 to 15 years for shooting with intent to kill, wound or maim, and 5 to 15 years for assault with intent to rob, all to be served consecutively. The record shows that prior to the time of imposition of sentence, the court, pursuant to section 29-2261(2), R.S. Supp., 1974, ordered a...

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