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STATE v. HINTON

No. 87-123.

415 N.W.2d 138 (1987)

226 Neb. 787

STATE of Nebraska, Appellee, v. Larry J. HINTON, Appellant.

Supreme Court of Nebraska.

November 6, 1987.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Cathy K. Bashner, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Lynne Fritz, Lincoln, for appellee.

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

CAPORALE, Justice.

Following a bench trial, defendant, Larry J. Hinton, was adjudged guilty of possessing cocaine, a controlled substance, with the intent to deliver same, in violation of Neb.Rev.Stat. § 28-416(1)(a) (Reissue 1985). The district court subsequently determined that the offense constituted a Class II felony under the provisions of § 28-416(2) and Neb.Rev.Stat. § 28-405 (Reissue 1985), and sentenced Hinton to imprisonment for a period of...

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