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  5. 603 N.W.2d 378 (1999)
 

STATE v. MYERS

No. S-98-856.

603 N.W.2d 378 (1999)

258 Neb. 300

STATE of Nebraska, appellee, v. James E. MYERS, appellant.

Supreme Court of Nebraska.

December 10, 1999.

Attorney(s) appearing for the Case

Alan G. Stoler and Jerry M. Hug, Omaha, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

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

WRIGHT, J.

NATURE OF CASE

James E. Myers was charged by amended information with first degree murder (count I), use of a deadly weapon in the commission of a felony (count II), possession of a deadly weapon by a felon (count III), and, for sentencing purposes, being a habitual criminal (count IV). A jury returned guilty verdicts on counts I, II, and III, and the district court determined that Myers should be sentenced as a habitual criminal. Myers was sentenced...

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