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STATE v. ERNEST

No. 42337.

278 N.W.2d 355 (1979)

203 Neb. 290

STATE of Nebraska, Appellee, v. Jack Lee ERNEST, Appellant.

Supreme Court of Nebraska.

May 1, 1979.

Attorney(s) appearing for the Case

Judy L. Raetz, Chadron, for appellant.

Paul L. Douglas, Atty. Gen. and Lynne Rae Fritz, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

BOSLAUGH, Justice.

The defendant, Jack Lee Ernest, was convicted of burglary and second degree arson and of being an habitual criminal in 1977. His sentence to imprisonment for 30 years on each count was vacated by this court because he had not been present at the evidentiary hearing on the habitual criminal charge and the sentencing hearing and he had been sentenced over objection. See State v. Ernest, 200 Neb. 615,

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