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STATE v. PORTSCHE

No. S-99-533.

606 N.W.2d 794 (2000)

258 Neb. 926

STATE of Nebraska, appellant, v. Tod PORTSCHE, appellee.

Supreme Court of Nebraska.

March 3, 2000.

Attorney(s) appearing for the Case

Gary E. Lacey, Lancaster County Attorney, and Amy G. Jacobsen, Lincoln, for appellant.

Dennis R. Keefe, Lancaster County Public Defender, and Joseph D. Nigro, Lincoln, for appellee.

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

MILLER-LERMAN, J.

NATURE OF CASE

Tod Portsche, appellee, was charged in the district court for Lancaster County with being a felon in possession of a firearm in violation of Neb.Rev.Stat. § 28-1206 (Reissue 1998). The case was tried to the court which entered an order finding that because Portsche's prior felony conviction was uncounseled, he was not a convicted felon for purposes of § 28-1206, and that, therefore, his prior conviction could not...

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