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STATE v. UTTERBACK

No. S-90-905.

485 N.W.2d 760 (1992)

240 Neb. 981

STATE of Nebraska, Appellee, v. Randall UTTERBACK, Appellant.

Supreme Court of Nebraska.

July 2, 1992.

Attorney(s) appearing for the Case

Vard R. Johnson of Broom, Johnson, Fahey & Clarkson, Omaha, for appellant.

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

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

PER CURIAM.

Arguing that the evidence used to convict him was obtained from his home pursuant to an invalid search warrant, Randall Utterback appeals his conviction and 2 to 4-year prison sentence for possession with intent to manufacture, distribute, deliver, or dispense marijuana.

Utterback assigns as error the failure of the trial court (1) to suppress physical and visual evidence obtained at the defendant's home pursuant to an invalid search warrant, and...

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