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STATE v. HERNANDEZ

No. S-99-1102.

613 N.W.2d 455 (2000)

259 Neb. 948

STATE of Nebraska, appellee, v. Johnny Mike HERNANDEZ, also known as Juan Hernandez, appellant.

Supreme Court of Nebraska.

July 7, 2000.

Attorney(s) appearing for the Case

Harry A. Moore, Madison County Public Defender, for appellant.

Don Stenberg, Attorney General, and Donald J.B. Miller, Kearney, for appellee.

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

GERRARD, J.

INTRODUCTION

Johnny Mike Hernandez, also known as Juan Hernandez, was convicted pursuant to a jury verdict of sexual assault in the first degree, in violation of Neb.Rev.Stat. § 28-319(1) (Reissue 1995). In its sentencing of Hernandez, the district court for Madison County found that the current conviction for first degree sexual assault was a second offense and enhanced his sentence pursuant to § 28-319(3). Hernandez appeals the enhancement...

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