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STATE v. HAMIK

No. S-00-787.

635 N.W.2d 123 (2001)

262 Neb. 761

STATE of Nebraska, Appellant, v. Craig J. HAMIK, Appellee.

Supreme Court of Nebraska.

November 2, 2001.

Attorney(s) appearing for the Case

Andrew J. McMullen, Buffalo County Attorney, Melodie Turner Bellamy, and Melanie Young, Kearney, for appellant.

Clarence E. Mock and Michael J. Tasset, of Johnson and Mock, Oakland, for appellee.

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

STEPHAN, J.

Following a jury trial in the district court for Buffalo County, Craig J. Hamik was convicted of first degree sexual assault, a Class II felony, and sentenced to 5 years' probation to be served consecutively to a sentence of incarceration imposed in another case. Pursuant to Neb.Rev.Stat. § 29-2320 (Reissue 1995), the State has appealed on grounds that the sentence is excessively lenient, both factually...

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