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STATE v. MITCHELL

No. S-92-624.

508 N.W.2d 552 (1993)

244 Neb. 574

STATE of Nebraska, Appellee, v. Wendell MITCHELL, Appellant.

Supreme Court of Nebraska.

November 19, 1993.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Kelly S. Breen, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Kimberly A. Klein, Lincoln, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ., and MORAN, District Judge, Retired.

FAHRNBRUCH, Justice.

In this case, we hold, as matter of law, that the delivery of an imitation controlled substance is not a lesser-included offense of delivery of crack cocaine, a controlled substance.

Wendell Mitchell was convicted by a district court for Douglas County jury of unlawfully and knowingly or intentionally distributing, delivering, or dispensing a controlled substance, to wit: crack cocaine, in violation of Neb.Rev.Stat. § 28-416(1)(a...

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