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STATE v. HAVLAT

No. 85-374.

385 N.W.2d 436 (1986)

222 Neb. 554

STATE of Nebraska, Appellee, v. Terry HAVLAT, Appellant.

Supreme Court of Nebraska.

April 25, 1986.

Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., for appellant.

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

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

COLWELL, District Judge, Retired.

Defendant, Terry Havlat, appeals his conviction of manufacturing a controlled substance, marijuana. Neb.Rev.Stat. § 28-416(1)(a) (Cum.Supp.1984). The marijuana was growing in a rural area when seized during a warrantless search. Havlat was sentenced to 20 to 40 months in the Nebraska Penal and Correctional Complex and fined $1,000.

On July 26, 1983, while Officers Roy Svoboda...

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