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STATE v. FLYE

No. A-92-808.

507 N.W.2d 493 (1993)

2 Neb. App. 96

STATE of Nebraska, Appellee, v. Lavell Dean FLYE, Appellant.

Court of Appeals of Nebraska.

October 12, 1993.

Attorney(s) appearing for the Case

Dorothy A. Walker, of Mowbray & Walker, P.C., Lincoln, for appellant.

Don Stenberg, Atty. Gen., and Marilyn B. Hutchinson, Lincoln, for appellee.

CONNOLLY, IRWIN, and WRIGHT, JJ.

IRWIN, Judge.

Lavell Dean Flye appeals his conviction of criminal mischief involving a pecuniary loss in excess of $300 and his being sentenced as a habitual criminal. For the reasons recited below, we affirm in part, and in part reverse and remand for a new trial.

FACTUAL BACKGROUND

In February 1991, appellant was charged with first degree sexual assault and burglary in Lancaster County. On July 15, while in detention awaiting trial on these charges...

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