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STATE v. FRANCO

No. S-98-645.

594 N.W.2d 633 (1999)

257 Neb. 15

STATE of Nebraska, appellee, v. Juan FRANCO, Jr., appellant.

Supreme Court of Nebraska.

May 28, 1999.

Attorney(s) appearing for the Case

J. Malachy Sullivan, of Sodoro, Daly & Sodoro, P.C., Omaha, for appellant.

Don Stenberg, Attorney General, and Mark D. Raffety for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, MCCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

Juan Franco, Jr., was charged by information with one count of possession of a controlled substance with intent to deliver. Franco filed a plea in bar, alleging that the Double Jeopardy Clauses of the U.S. and Nebraska Constitutions barred his prosecution because jeopardy had attached at the forfeiture trial involving property which was owned by Franco and in his possession at the time...

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