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STATE v. SOULE

No. 85-029.

379 N.W.2d 762 (1986)

221 Neb. 619

STATE of Nebraska, Appellee, v. Luke J. SOULE, Appellant.

Supreme Court of Nebraska.

January 17, 1986.

Attorney(s) appearing for the Case

James P. Miller and Owen A. Giles, for appellant.

Robert M. Spire, Atty. Gen., and Terry R. Schaaf, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

GRANT, Justice.

Defendant-appellant, Luke J. Soule, was charged and convicted on one count of burglary pursuant to Neb.Rev.Stat. § 28-507(1) (Reissue 1979). Soule was sentenced to 2 years on this burglary charge, to be served consecutively to a previously imposed sentence for robbery. Soule's sole assignment of error is that "[t]he Court below erred by overruling Appellant's motion for discharge made pursuant to [Neb. Rev.Stat. § 29-3805 (Cum.Supp.1984)...

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