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STATE v. ECKSTEIN

No. 86-099.

395 N.W.2d 515 (1986)

223 Neb. 943

STATE of Nebraska, Appellee, v. Clarence ECKSTEIN, Appellant.

Supreme Court of Nebraska.

October 24, 1986.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, Coleen J. Nielsen, Lincoln, for appellant.

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

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

PER CURIAM.

Defendant was charged with first degree sexual assault on a child in violation of Neb.Rev.Stat. § 28-319(1)(c) (Reissue 1985) and further charged as a habitual criminal under Neb.Rev.Stat. § 29-2221 (Reissue 1985). The sexual assault case was tried to the court, without a jury, and defendant was convicted of the charge. After a separate hearing pursuant to Neb.Rev.Stat. §§ 29-2911 et seq. (Reissue 1985), the court found that defendant...

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