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STATE v. PORTER

No. 43906.

310 N.W.2d 926 (1981)

209 Neb. 722

STATE of Nebraska, Appellee, v. Rodney D. PORTER, Appellant.

Supreme Court of Nebraska.

October 9, 1981.

Attorney(s) appearing for the Case

James W. Symonds of Cronin, Hannon & Symonds, O'Neill, for appellant.

Paul L. Douglas, Atty. Gen., and Shanler D. Cronk, Lincoln, for appellee.

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

HASTINGS, Justice.

Defendant was sentenced to a term of probation for a November 5, 1978, burglary. The statute covering this crime in effect at the time was Neb.Rev.Stat. § 28-532 (Reissue 1975), which provided for a possible sentence of from 1 to 10 years' imprisonment in the Nebraska Penal and Correctional Complex. Following an appropriate hearing his probation was revoked and he was thereafter sentenced to a term of not less than 3 nor more than 10 years...

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