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STATE v. TAYLOR

No. S-00-1139.

634 N.W.2d 744 (2001)

262 Neb. 639

STATE of Nebraska, Appellee, v. Joseph TAYLOR, Appellant.

Supreme Court of Nebraska.

September 28, 2001.

Attorney(s) appearing for the Case

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

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

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

HENDRY, C.J.

I. INTRODUCTION

On July 27, 2000, Joseph Taylor, an inmate at the Department of Correctional Services (DCS), was found guilty by a jury of third degree assault pursuant to Neb. Rev.Stat. § 28-931 (Reissue 1995) (assault upon "a peace officer or employee of the Department of Correctional Services"). On October 5, at a separate enhancement hearing pursuant to Neb.Rev.Stat. § 29-2221 (Reissue 1995), Taylor was found by the court to be...

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