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STATE v. KENNEDY

Nos. 42737, 42738.

293 N.W.2d 71 (1980)

206 Neb. 404

STATE of Nebraska, Appellee, v. Gary P. KENNEDY, Appellant.

Supreme Court of Nebraska.

Rehearing Denied June 10, 1980.

Attorney(s) appearing for the Case

Michael L. Lazer of Levy & Lazer, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and G. Roderic Anderson, Asst. Atty. Gen., Lincoln, for appellee.

PER CURIAM.

Upon motion for rehearing, the opinion previously adopted by this court, appearing at 205 Neb. 714, 289 N.W.2d 765 (1980), is hereby modified by deleting therefrom the last sentence of the first full paragraph on page 718, 289 N.W.2d on page 767, "Defendant did not perfect a direct appeal," and substituting therefor "Although defendant filed a notice of appeal and argued excessiveness...

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