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STATE v. RATHBUN

No. 42758.

287 N.W.2d 445 (1980)

205 Neb. 329

STATE of Nebraska, Appellee, v. Warren W. RATHBUN, Appellant.

Supreme Court of Nebraska.

January 15, 1980.

Attorney(s) appearing for the Case

Robert P. Chaloupka, and VanSteenberg, Brower, Chaloupka, Mullin & Holyoke, Scottsbluff, for appellant.

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

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

CLINTON, Justice.

The defendant entered a plea of nolo contendere to a charge of having, on October 25, 1978, committed a sexual assault in the second degree in violation of section 28-408.04, R.R.S.1943. No evidence was introduced by the State to show that the assault caused serious personal injury to the victim. The defendant was sentenced to a term of 1 year in the Nebraska Penal and Correctional Complex. That term is...

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