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STATE v. FLEMMING

No. A-90-998.

487 N.W.2d 564 (1992)

STATE of Nebraska, Appellee, v. Kelly F. FLEMMING, Also Known as Kelly Borke, Appellant.

Court of Appeals of Nebraska.

March 24, 1992.

Attorney(s) appearing for the Case

Casey J. Quinn of Quinn & Wright, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Barry Waid, Lincoln, for appellee.

Before SIEVERS, C.J., and MILLER-LERMAN and WRIGHT, JJ.

MILLER-LERMAN, Judge.

Kelly F. Flemming appeals the Platte County District Court's denial of his motion to suppress evidence. Flemming asserts that probable cause to issue a search warrant did not exist and that the search warrant was executed at night without satisfying the public interest requirements to justify a nighttime search. The contraband seized formed the basis of Flemming's jury convictions for (1) possession of a controlled substance with intent to deliver...

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