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STATE v. HERZOG

No. 42221.

277 N.W.2d 705 (1979)

203 Neb. 195

STATE of Nebraska, Appellee, v. Donald D. HERZOG, Appellant.

Supreme Court of Nebraska.

April 24, 1979.

Attorney(s) appearing for the Case

Duane A. Burns, of Mayer, Burns & Mayer, Grand Island, for appellant.

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

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

WHITE, Justice.

This is an appeal from an order revoking probation. The defendant was placed on 3 years probation on November 3, 1975, after a plea of guilty to a charge of breaking and entering an automobile. At both the arraignment and the hearing on revocation of probation, the charge involved the excessive use of alcohol. As part of the defendant's order of probation, he was ordered to undergo psychiatric treatment and he did so. At a hearing on June 22, 1978...

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