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STATE v. TORRES

No. S-98-118.

590 N.W.2d 184 (1999)

256 Neb. 380

STATE of Nebraska, appellee, v. Daniel T. TORRES, appellant.

Supreme Court of Nebraska.

March 5, 1999.

Attorney(s) appearing for the Case

Thomas C. Riley, Douglas County Public Defender, and Christopher J. Lathrop and Leslie E. Kendrick, Omaha, for appellant.

Don Stenberg, Attorney General, and, on brief, Jay C. Hinsley, Lincoln, for appellee.

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

GERRARD, J.

NATURE OF CASE

Daniel T. Torres appeals from his sentence for violating the terms of his probation, claiming that he was not credited for time already served, as required by Neb.Rev.Stat. § 47-503 (Reissue 1998). We determine that Torres was not sentenced as required by statute, and we reverse, and remand this cause with directions.

FACTUAL BACKGROUND

Torres was charged with assault and battery in violation of a protection...

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