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STATE v. SPOTTED ELK

No. 87-524.

420 N.W.2d 707 (1988)

227 Neb. 869

STATE of Nebraska, Appellee, v. Collin D. SPOTTED ELK, Appellant.

Supreme Court of Nebraska.

March 18, 1988.

Attorney(s) appearing for the Case

James R. Wefso, Rushville, for appellant.

Robert M. Spire, Atty. Gen., and Mark D. Starr, Lincoln, for appellee.

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

CAPORALE, Justice.

In this criminal case, defendant, Collin D. Spotted Elk, pled guilty to a charge of attempted burglary, a violation of Neb.Rev. Stat. §§ 28-201 and 28-507 (Reissue 1985), was so adjudged and thereafter sentenced to 5 years' imprisonment, and was ordered to pay restitution in the sum of $761.12. Defendant then filed a timely notice of appeal of the sentence of imprisonment to this court. He later filed a motion in the district court asking...

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