STATE v. LUTHER

No. 82-068.

329 N.W.2d 569 (1983)

213 Neb. 477

STATE of Nebraska, Appellee, v. Clifford C. LUTHER, Appellant.

Supreme Court of Nebraska.

February 4, 1983.


Attorney(s) appearing for the Case

Paine & Huston, Grand Island, for appellant.

Paul L. Douglas, Atty. Gen., and Frank J. Hutfless, Asst. Atty. Gen., Lincoln, for appellee.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and MORAN, D.J.


CAPORALE, Justice.

Defendant-appellant, 71-year-old Clifford C. Luther, was sentenced by the Custer County Court on two counts of third degree sexual assault following nolo contendere pleas. These sentences were subsequently affirmed by the District Court. We reverse.

Among other errors the defendant contends that the District Court erred in finding that the defendant knowingly and voluntarily waived his rights at the time the operative pleas were entered...

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