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STATE v. WIEMER

No. A-94-052.

533 N.W.2d 122 (1995)

3 Neb. App. 821

STATE of Nebraska, Appellant, v. John WIEMER, Appellee.

Court of Appeals of Nebraska.

June 13, 1995.

Attorney(s) appearing for the Case

Charles W. Campbell, York County Attorney, for appellant.

Richard Douglas McClain, P.C., Lincoln, for appellee.

SIEVERS, C.J., and MILLER-LERMAN and INBODY, JJ.

MILLER-LERMAN, Judge.

The State appeals the order of the York County District Court granting John Wiemer's motion for postconviction relief. For the reasons recited below, we reverse, and remand for a hearing.

BACKGROUND

On December 17, 1990, the State filed an information against Wiemer charging him with three counts of sexual assault in the first degree, in violation of Neb.Rev.Stat. § 28-319 (Reissue 1989), each a Class II felony, punishable...

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