STATE v. BUSTER

No. 87-555.

422 N.W.2d 373 (1988)

228 Neb. 387

STATE of Nebraska, Appellee, v. Johnny Lee BUSTER, Appellant.

Supreme Court of Nebraska.

April 29, 1988.


Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Robert G. Hays, Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Lisa D. Martin-Price, Lincoln, for appellee.

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


WHITE, Justice.

The defendant was convicted by a jury of theft by shoplifting under Neb.Rev.Stat. § 28-511.01 (Reissue 1985). He was sentenced to an indeterminate term of incarceration of not less than 20 months nor more than 3 years, whereupon he instituted this appeal.

The defendant assigns error in that the district court refused to instruct the jury on the lesser-included offense of attempted shoplifting.

The record reveals that on December...

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