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STATE v. WINSLEY

No. 86-117.

393 N.W.2d 723 (1986)

223 Neb. 788

STATE of Nebraska, Appellant, v. Charles E. WINSLEY, Appellee.

Supreme Court of Nebraska.

October 3, 1986.

Attorney(s) appearing for the Case

Stephen E. Sturek, Jr., Deputy Sarpy Co. Atty., for appellant.

Raymond J. Hasiak, Omaha, for appellee.

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

KRIVOSHA, Chief Justice.

The State of Nebraska, through the Sarpy County attorney, appeals to this court pursuant to the provisions of Neb.Rev.Stat. § 29-2320 (Reissue 1985), which authorizes a county attorney to appeal a sentence imposed upon a defendant if the county attorney reasonably believes that the sentence is excessively lenient. The single question presented to us is whether a sentence of probation given the defendant by the district court in this case...

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