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STATE v. GUTIERREZ

No. S-00-092.

620 N.W.2d 738 (2001)

260 Neb. 1008

STATE of Nebraska, Appellee, v. John GUTIERREZ, Appellant.

Supreme Court of Nebraska.

January 5, 2001.

Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., Lincoln, and, on brief, Gary J. Krajewski, of Krajewski Law Office, Ogallala, for appellant.

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

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

WRIGHT, J.

NATURE OF CASE

John Gutierrez was charged in the district court for Garden County with two counts of sexual assault in the first degree. A jury convicted him on one count but was unable to reach a verdict as to the other. The district court sentenced Gutierrez to 35 to 50 years' imprisonment, and Gutierrez appeals.

SCOPE OF REVIEW

A decision whether to grant a continuance in a criminal case is within the discretion of the trial...

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