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STATE v. RUBEK

No. 84-966.

371 N.W.2d 115 (1985)

220 Neb. 537

STATE of Nebraska, Appellee, v. Russell RUBEK, Appellant.

Supreme Court of Nebraska.

July 26, 1985.

Attorney(s) appearing for the Case

Emil M. Fabian of Taylor, Fabian, Thielen & Thielen, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Charles E. Lowe, Lincoln, for appellee.

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

KRIVOSHA, Chief Justice.

Russell Rubek was convicted by a jury of attempted first degree sexual assault in violation of Neb.Rev.Stat. §§ 28-201 and 28-319(1)(a) (Reissue 1979) (count I) and assault in the third degree in violation of Neb.Rev.Stat. § 28-310 (Reissue 1979) (count II). He was sentenced on count I to a term of imprisonment of not less than 3 nor more than 10 years and on count II to a term of...

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