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STATE v. HUTTON

No. 83-881.

355 N.W.2d 518 (1984)

STATE of Nebraska, Appellee, v. Kevin J. HUTTON, Appellant.

Supreme Court of Nebraska.

October 5, 1984.

Attorney(s) appearing for the Case

James P. Miller and Owen A. Giles, Papillion, for appellant.

Paul L. Douglas, Atty. Gen. and Mel Kammerlohr, Lincoln, for appellee.

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

HASTINGS, Justice.

The defendant appeals a conviction and sentence of 1 year in the county jail for threatening another in a menacing manner in violation of Neb.Rev.Stat. § 28-310(1)(b) (Reissue 1979), a Class I misdemeanor.

The defendant was originally charged with the December 15, 1982, attempted first degree sexual assault of a 19-year-old female, which is a Class III felony. The defendant entered a plea of guilty to the misdemeanor, pursuant to a...

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