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STATE v. RIEGER

No. S-00-009.

618 N.W.2d 619 (2000)

260 Neb. 519

STATE of Nebraska, appellee, v. David W. RIEGER, also known as David W. Rieger, Jr., appellant.

Supreme Court of Nebraska.

October 6, 2000.

Attorney(s) appearing for the Case

James J. Regan, Omaha, for appellant.

Don Stenberg, Attorney General, and Marilyn B. Hutchinson, Lincoln, for appellee.

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

WRIGHT, J.

NATURE OF CASE

David W. Rieger appealed from his conviction and sentence on charges of robbery and being a habitual criminal. Due to the pendency of an appeal from the denial of Rieger's motion for discharge, the Nebraska Court of Appeals vacated his sentence of 20 to 40 years' imprisonment, dismissed the appeal, and remanded the cause for resentencing. State v. Rieger, 8 Neb.App. 20,

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