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STATE v. BRAND

No. 84-427.

363 N.W.2d 516 (1985)

219 Neb. 402

STATE of Nebraska, Appellee, v. Gewing BRAND, Appellant.

Supreme Court of Nebraska.

March 1, 1985.

Attorney(s) appearing for the Case

Lathrop, Albracht & Lathrop, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Mark D. Starr, Asst. Atty. Gen., for appellee, and, on supplemental brief, Patrick T. O'Brien, Deputy Atty. Gen., and Mark D. Starr.

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

CAPORALE, Justice.

Defendant, Gewing Brand, was charged with sexual assault in the first degree, second offense. The court accepted his plea of guilty to the sexual assault, which was accomplished by the use of force, and at a separate enhancement hearing determined that he had once previously been sentenced for first degree sexual assault. The trial judge thereupon sentenced Brand on the present charge to imprisonment for 35 years without the possibility of parole...

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