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STATE v. JOHNSON

No. S-00-592.

627 N.W.2d 753 (2001)

261 Neb. 1001

STATE of Nebraska, Appellee, v. Robert Ray JOHNSON, Appellant.

Supreme Court of Nebraska.

June 15, 2001.

Attorney(s) appearing for the Case

Arthur C. Toogood, Adams County Public Defender, for appellant.

Don Stenberg, Attorney general, and Thomas J. Olsen for appellee.

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

MILLER-LERMAN, Justice.

NATURE OF CASE

Robert Ray Johnson was convicted by a jury of two counts of distribution of a controlled substance, marijuana. Johnson was sentenced by the district court for Adams County to 2 to 3 years' imprisonment on each count, with the sentences to run concurrently.

Johnson appealed to the Nebraska Court of Appeals claiming that the district court erred in (1) refusing to give an instruction on the lesser-included offense...

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