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STATE v. PIERCE

No. 88-360.

439 N.W.2d 435 (1989)

231 Neb. 966

STATE of Nebraska, Appellee, v. Randy PIERCE, Appellant.

Supreme Court of Nebraska.

April 27, 1989.

Attorney(s) appearing for the Case

William L. Binkard, South Sioux City, for appellant.

Robert M. Spire, Atty. Gen., and Donald E. Hyde, Lincoln, for appellee.

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

SHANAHAN, Justice.

A jury convicted Randy Pierce of criminal mischief in violation of Neb.Rev.Stat. § 28-519(1)(a) (Reissue 1985). The court sentenced Pierce under § 28-519(2), Class IV felony punishment for criminal mischief resulting in pecuniary loss exceeding $300.

Pierce assigns as error the district court's failure to grant defendant's motion for a directed verdict of acquittal, failure to instruct properly on "pecuniary loss" relative to the...

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