GRANT, Justice, Retired.
After a trial to the court, following defendant Richard L. Kearns' waiver of a jury, defendant was convicted on three counts of theft by deception, in violation of Neb.Rev. Stat. § 28-512 (Reissue 1989), or theft, in violation of Neb.Rev.Stat. § 28-511(1) (Reissue 1989). The trial court found that "the defendant did commit the alleged theft under either theory alleged." The court also found that under count I, the amount taken was...
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