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STATE v. KINSER

No. S-99-738.

609 N.W.2d 322 (2000)

259 Neb. 251

STATE of Nebraska, appellee, v. William D. KINSER, Jr., appellant.

Supreme Court of Nebraska.

April 14, 2000.

Attorney(s) appearing for the Case

James R. Mowbray and Kelly S. Breen, Lincoln, of Nebraska Commission on Public Advocacy, for appellant.

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

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

WRIGHT, J.

NATURE OF CASE

William D. Kinser, Jr., was convicted of second degree assault in the district court for Box Butte County. Kinser was sentenced as a habitual criminal to a period of not less than 10 nor more than 20 years' imprisonment. He timely appeals his conviction and sentence.

SCOPE OF REVIEW

In all proceedings where the Nebraska Evidence Rules apply, admissibility of evidence is controlled by such rules, not judicial discretion...

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