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STATE v. ROE

No. S-00-1130.

646 N.W.2d 264 (2002)

264 Neb. 166

STATE of Nebraska, Appellant, v. John M. ROE, Appellee.

Supreme Court of Nebraska.

June 28, 2002.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and William L. Howland, Lincoln, for appellant.

Robert Wm. Chapin, Jr., Lincoln, for appellee.

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

WRIGHT, J.

This appeal arises from an order granting a petition to set aside a conviction pursuant to Neb.Rev.Stat. § 29-2264 (Cum.Supp.2000). The Lancaster County District Court granted the petition, finding that § 29-2264 does not violate Neb. Const. art. II, § 1. The State appeals.

John M. Roe filed a petition to set aside his conviction on May 30, 2000, at which time he had completed all terms and conditions of probation related to a 1989...

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