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STATE v. NELSON

No. S-01-160.

636 N.W.2d 620 (2001)

262 Neb. 896

STATE of Nebraska, Appellee, v. Richard NELSON, Appellant.

Supreme Court of Nebraska.

December 7, 2001.

Attorney(s) appearing for the Case

Scott A. Calkins, Omaha, of Byan & Hoarty, for appellant.

Don Stenberg, Attorney General, and Susan J. Gustafson for appellee.

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

MILLER-LERMAN, Justice.

NATURE OF CASE

Richard Nelson was convicted in the district court for Douglas County of unlawful possession with intent to deliver a controlled substance. Nelson was found to be a habitual criminal and was sentenced to imprisonment for a term of 10 to 15 years. Nelson appeals his conviction and his sentencing as a habitual criminal. We affirm the conviction but vacate the sentence and remand the cause for resentencing.

STATEMENT...

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