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STATE v. RUBEK

No. A-02-155.

653 N.W.2d 861 (2002)

11 Neb. App. 489

STATE of Nebraska, Appellant, v. Russell R. RUBEK, Sr., Appellee.

Court of Appeals of Nebraska.

November 26, 2002.

Attorney(s) appearing for the Case

Tricia Freeman, Chief Deputy Sarpy County Attorney, John E. Higgins, and Brett Charles, for appellant.

Gregory A. Pivovar, for appellee.

SIEVERS, INBODY, and CARLSON, Judges.

SIEVERS, Judge.

In a question of first impression, we decide whether in a prosecution for violation of a protection order, second offense, the State's burden of proof includes proof of the first violation of the same order. Russell M. Rubek, Sr., was charged in the district court for Sarpy County with violation of a protection order, second offense, and with being a habitual criminal. See Neb.Rev.Stat. §§ 42-924(3) (Reissue 1998) and 29-2221 (Reissue 1995...

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