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STATE v. BIRGE

No. 86-009.

393 N.W.2d 713 (1986)

223 Neb. 761

STATE of Nebraska, Appellee, v. James E. BIRGE, Appellant.

Supreme Court of Nebraska.

September 26, 1986.

Attorney(s) appearing for the Case

Jeffrey L. Marcuzzo, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Dale A. Comer, Lincoln, for appellee.

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

PER CURIAM.

The defendant was convicted of burglary and sentenced to imprisonment for 5 to 15 years. The judgment was affirmed in State v. Birge, 215 Neb. 761, 340 N.W.2d 434 (1983).

On February 11, 1985, the defendant filed a motion for postconviction relief. After a brief evidentiary hearing on November 25, 1985, the motion was overruled. From that order the defendant has appealed...

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