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STATE v. PHILLIPS

No. 82-065.

326 N.W.2d 849 (1982)

212 Neb. 875

STATE of Nebraska, Appellee, v. Alfred K. PHILLIPS, Appellant.

Supreme Court of Nebraska.

November 24, 1982.

Attorney(s) appearing for the Case

Ronald S. DePue of McDermott, DePue, McDermott & McDermott, Grand Island, for appellant.

Paul L. Douglas, Atty. Gen., and Dale D. Brodkey, Lincoln, for appellee.

Submitted without oral argument. KRIVOSHA, C.J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

PER CURIAM.

This case is controlled by our opinion in State v. Peiffer, 212 Neb. 875, 326 N.W.2d 844 (1982). Therefore, should defendant have been released from the custody of the Department of Correctional Services under the language of our earlier opinion herein, 212 Neb. 303, 322 N.W.2d 447...

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