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STATE v. BURNETT

Nos. 87-344, 87-345.

417 N.W.2d 355 (1988)

227 Neb. 351

STATE of Nebraska, Appellee, v. LaRon E. BURNETT, Appellant.

Supreme Court of Nebraska.

January 8, 1988.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Timothy P. Burns, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Steven J. Moeller, Lincoln, for appellee.

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

ROWLANDS, District Judge.

This case presents an issue of first impression and requires us to determine whether a court is authorized under Neb. Rev.Stat. § 29-2278 (Cum.Supp.1986) to enter a sentence of community service in addition to incarceration. We have determined that the Nebraska Legislature did not so intend unless imposed as a condition of probation under Neb.Rev.Stat. § 29-2262 (Cum.Supp.1986). Accordingly, we reverse and direct that the invalid...

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