STATE v. JOHNSON

No. 89-169.

449 N.W.2d 232 (1989)

234 Neb. 110

STATE of Nebraska, Appellee, v. Gary W. JOHNSON, Appellant.

Supreme Court of Nebraska.

December 22, 1989.


Attorney(s) appearing for the Case

John Franklin Aman and Susan R. Tast, for appellant.

Robert M. Spire, Atty. Gen., and Denise E. Frost for appellee.

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


BOSLAUGH, Justice.

Following a plea of no contest, the defendant, Gary W. Johnson, was found guilty of second degree false imprisonment and was sentenced to 1 year's imprisonment in the county jail. He has appealed, claiming that he was denied due process of law when the county court allowed the county attorney to dismiss a misdemeanor charge and refile a felony charge arising from the same incident, when he and his witnesses were present and ready to proceed for...

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