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STATE v. BERMUDEZ

No. 83-460.

339 N.W.2d 762 (1983)

215 Neb. 559

STATE of Nebraska, Appellee, v. Jose A. BERMUDEZ, Appellant.

Supreme Court of Nebraska.

November 4, 1983.

Attorney(s) appearing for the Case

Earl D. Ahlschwede and James H. Truell of Ahlschwede & Truell, Grand Island, for appellant.

Paul L. Douglas, Atty. Gen., and Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

Appellant pled guilty to assault in the second degree, a Class IV felony, and was sentenced by the court to imprisonment for a term of from 2 to 5 years. The appellant appeals, urging that the sentence is excessive since the minimum imposed by the court exceeds one-third the maximum term provided by statute. Neb.Rev.Stat. § 83-1,105 (Reissue 1981). The Attorney General confesses error in this regard, and urges us to modify the sentence to from 20...

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