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ROEPKA v. FOX

No. 82-257.

330 N.W.2d 751 (1983)

Thomas P. ROEPKA, Appellant, v. Charles R. FOX, Appellee.

Supreme Court of Nebraska.

March 4, 1983.

Attorney(s) appearing for the Case

Arlen D. Magnuson, O'Neill, for appellant.

B.W. Strope, Holt County Atty., O'Neill, for appellee.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, HASTINGS, and CAPORALE, JJ., BRODKEY, J., Retired, and RONIN, D.J., Retired.

HASTINGS, Justice.

This case involves a conviction of the petitioner, Thomas P. Roepka, of the January 15, 1982, felony offenses of possession of cocaine and possession of LSD. The District Court ordered him committed to the Department of Correctional Services for a 90-day evaluation under the provisions of Neb.Rev.Stat. § 83-1,105(3) (Reissue 1981). Relying upon our holding and statement in State v. Kaba, 210 Neb. 503

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