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STATE v. HOLMES

No. 85-295.

379 N.W.2d 765 (1986)

221 Neb. 629

STATE of Nebraska, Appellee, v. Donald HOLMES, Appellant.

Supreme Court of Nebraska.

January 17, 1986.

Attorney(s) appearing for the Case

Hal W. Anderson, of Berry, Anderson, Creager & Wittstruck, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Dale D. Brodkey, Lincoln, for appellee.

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

BOSLAUGH, Justice.

The defendant, Donald Holmes, was sentenced on November 13, 1984, to imprisonment for 2½ to 3 years for delivery of cocaine and ordered to pay the costs of the action.

On December 11, 1984, the defendant filed a motion for the return of $2,700 that had been seized at the time of his arrest on September 20, 1983. The motion alleged the money had been in a safe in his home and was "not in the...

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