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STATE v. BEVERLIN

No. S-92-251.

508 N.W.2d 271 (1993)

244 Neb. 615

STATE of Nebraska, Appellee, v. Jack L. BEVERLIN, Jr., Appellant.

Supreme Court of Nebraska.

November 24, 1993.

Attorney(s) appearing for the Case

Phillip G. Wright and John J. Maynard, of Quinn & Wright, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Mark D. Starr, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ.

LANPHIER, Justice.

Defendant, Jack L. Beverlin, Jr., was convicted of first degree sexual assault in the district court for Douglas County, Nebraska. He was sentenced by the court without an evaluation to determine if he was a mentally disordered sex offender (MDSO), as required by Neb.Rev.Stat. § 29-2912 (Reissue 1989). While that sentence was on appeal, the district court sustained a motion for postconviction relief, ordered the first sentence vacated, and...

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