STATE v. LENZ

No. 87-246.

419 N.W.2d 670 (1988)

227 Neb. 692

STATE of Nebraska, Appellee, v. Arthur W. LENZ, Jr., Appellant.

Supreme Court of Nebraska.

February 26, 1988.


Attorney(s) appearing for the Case

Robert C. Wester, Deputy Sarpy County Public Defender, for appellant.

Robert M. Spire, Atty. Gen., and Jill Gradwohl Schroeder, for appellee.

BOSLAUGH, CAPORALE, and SHANAHAN, JJ., and ROWLANDS, District Judge, and COLWELL, District Judge, Retired.


PER CURIAM.

Defendant, Arthur W. Lenz, appeals his jury convictions of robbery, Neb.Rev.Stat. § 28-324 (Reissue 1985), and using firearms to commit a felony, Neb.Rev.Stat. § 28-1205 (Reissue 1985). Lenz was sentenced to 1 to 3 years' confinement for robbery and a consecutive term of 1 year for using firearms to commit a felony. We reverse and remand for a new trial.

Lenz assigns two errors: (1) The court erred in failing to properly instruct the...

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