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STATE v. LOVELESS

No. 89-347.

451 N.W.2d 692 (1990)

234 Neb. 463

STATE of Nebraska, Appellee, v. Burton LOVELESS, Appellant.

Supreme Court of Nebraska.

February 16, 1990.

Attorney(s) appearing for the Case

Chris M. Arps, of Arps & Schirber Law Offices, Papillion, for appellant.

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

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

SHANAHAN, Justice.

A jury, in the district court for Sarpy County, convicted Burton "Butch" Loveless of theft by unlawful taking, a Class III felony. See Neb.Rev.Stat. §§ 28-511(1) (Reissue 1985) (theft by unlawful taking) and 28-518(1) (Reissue 1989) (grades of theft offenses; property valued at more than $1,000). Subsequently, the district court sentenced Loveless to imprisonment for a period of not less than 6 2/3 nor more than 20 years.

In his...

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