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GARZA v. KENNEY

No. S-01-412.

646 N.W.2d 579 (2002)

264 Neb. 146

Robert L. GARZA, Appellant, v. Michael KENNEY, Warden of the Nebraska State Penitentiary, Appellee.

Supreme Court of Nebraska.

June 21, 2002.

Attorney(s) appearing for the Case

Bryan E. Smith, Jr., of Hascall, Jungers & Garvey, for appellant, and, on brief, Robert L. Garza, pro se.

Don Stenberg, Attorney General, and Linda L. Willard, Lincoln, for appellee.

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

STEPHAN, J.

Robert L. Garza filed a petition for writ of habeas corpus alleging that his conviction for kidnapping was void because a material element of the crime was neither charged in the information nor determined by the jury, thus depriving the trial court of jurisdiction to impose his sentence. The district court for Lancaster County sustained the State's motion to quash and dismissed Garza's petition for failure to state a claim for habeas corpus. Garza perfected...

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