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STATE v. RED KETTLE

No. 90-432.

476 N.W.2d 220 (1991)

239 Neb. 317

STATE of Nebraska, Appellee, v. Byron K. RED KETTLE, Appellant.

Supreme Court of Nebraska.

October 25, 1991.

Attorney(s) appearing for the Case

James R. Wefso, of Crites, Shaffer, Connealy, Watson & Wefso, for appellant.

Robert M. Spire, Atty. Gen., Sharon M. Lindgren, and, on brief, Steven J. Moeller, for appellee.

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

GRANT, Justice.

In Sheridan County, Nebraska, defendant Byron K. Red Kettle was charged with the following felonies: count I, first degree sexual assault; count II, operating a motor vehicle to avoid arrest; and count III, receiving or retaining stolen property. After a jury trial, defendant was convicted on all three counts. It was determined that defendant was not a mentally disordered sex offender, and he was sentenced on count I to "not less than 15 years nor...

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