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STATE v. MILLER

No. 83-225.

341 N.W.2d 915 (1983)

216 Neb. 72

STATE of Nebraska, Appellee, v. Dana MILLER, Appellant.

Supreme Court of Nebraska.

December 23, 1983.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Victor Gutman, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Lynne R. Fritz, Lincoln, for appellee.

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

BOSLAUGH, Justice.

After trial to the court the defendant was convicted of kidnapping and use of a firearm in the commission of a felony. He was sentenced to imprisonment for 5 years on count I and imprisonment for 1 year on count II. He has appealed, and contends that the trial court should have dismissed the information or found him guilty of false imprisonment in the first degree.

The offense occurred on October 6, 1982, when the defendant entered the office...

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