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STATE v. EARL

No. S-96-058.

560 N.W.2d 491 (1997)

252 Neb. 127

STATE of Nebraska, Appellee, v. Scott M. EARL, Appellant.

Supreme Court of Nebraska.

March 21, 1997.

Attorney(s) appearing for the Case

Jerry J. Fogarty, Deputy Hall County Public Defender, for appellant.

Don Stenberg, Attorney General, and Mark D. Starr, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

GERRARD, Justice.

STATEMENT OF CASE

Scott M. Earl appeals his conviction by jury for first degree sexual assault, Neb.Rev. Stat. § 28-319(1)(a) and (b) (Cum.Supp.1994). Earl was sentenced to 10 to 12 years' imprisonment. Earl contends, in summary, that the district court erred in (1) overruling his competency objection to the testimony of the 6-year-old complainant, (2) excluding evidence of the complainant's sexual history, and (3) imposing an excessive...

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