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STATE v. GASTON

No. 39576.

226 N.W.2d 355 (1975)

193 Neb. 259

STATE of Nebraska, Appellee, v. Larry J. GASTON, Appellant.

Supreme Court of Nebraska.

March 6, 1975.

Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Harold S. Salter, Deputy Atty. Gen., Lincoln, for appellee.

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

PER CURIAM.

This is an appeal from a resentencing. The defendant was originally sentenced to imprisonment for 1 to 2 years for forgery and 20 to 30 years for being an habitual criminal. In State v. Gaston, 191 Neb. 121, 214 N.W.2d 376, a direct appeal, both sentences were held to be "unauthorized by statute, illegal, and of no force and effect." The sentences were vacated and the cause remanded...

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