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STATE v. BATTERSHAW

No. 84-956.

371 N.W.2d 313 (1985)

220 Neb. 661

STATE of Nebraska, Appellee, v. James BATTERSHAW, Appellant.

Supreme Court of Nebraska.

August 2, 1985.

Attorney(s) appearing for the Case

Rodney J. Palmer of Palmer & Kozisek, Ainsworth, for appellant.

Robert M. Spire, Atty. Gen., and Timothy E. Divis, Lincoln, for appellee.

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

SHANAHAN, Justice.

James Battershaw appeals his conviction and sentence for sexual assault on a child of 14 years of age or younger in violation of Neb.Rev.Stat. § 28-320.01 (Cum.Supp. 1984), after his guilty plea to the charge in the district court for Cherry County. The district court sentenced Battershaw to a term of imprisonment not less than 1½ nor more than 2½ years. We affirm.

Initially, Battershaw was charged with first degree sexual...

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