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STATE v. HESS

No. S-00-252.

622 N.W.2d 891 (2001)

261 Neb. 368

STATE of Nebraska, Appellee, v. Troy Anthony HESS, Appellant.

Supreme Court of Nebraska.

March 9, 2001.

Attorney(s) appearing for the Case

Sean J. Brennan, Sommerville, NJ, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

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

GERRARD, Justice.

I. NATURE OF CASE

Troy Anthony Hess, the appellant, was convicted in November 1994, and sentenced in January 1995, on charges of kidnapping, escape, two counts of use of a weapon to commit a felony, and being a felon in possession of a firearm. Hess' direct appeal was dismissed by this court as being filed out of time. See State v. Hess, 247 Neb. xxii (case No. S-95-146, Apr. 12, 1995). Hess now appeals from a

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