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STATE v. RILEY

No. S-91-899.

497 N.W.2d 23 (1993)

242 Neb. 887

STATE of Nebraska, Appellee, v. Randall P. RILEY, Appellant.

Supreme Court of Nebraska.

March 12, 1993.

Attorney(s) appearing for the Case

Larry C. Johnson of Johnson & Vaughan, P.C., Fremont, for appellant.

Don Stenberg, Atty. Gen., Delores Coe-Barbee, and J. Kirk Brown, Lincoln, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ., and HOWARD, District Judge, Retired.

HASTINGS, Chief Justice.

The State of Nebraska has petitioned this Court under the provisions of Neb.Rev. Stat. § 24-1107 (Cum.Supp.1992) for further review of the decision of the Nebraska Court of Appeals which is reported in 1 NCA 629 (1992). The State claims the Court of Appeals erred in modifying the sentence imposed by the district court, specifically in its application of the Eighth Amendment analysis and cross-crime proportionality review to determine...

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