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STATE v. DAVLIN

No. S-00-698.

658 N.W.2d 1 (2003)

265 Neb. 386

STATE of Nebraska, Appellee, v. Clifford J. DAVLIN, Appellant.

Supreme Court of Nebraska.

March 7, 2003.

Attorney(s) appearing for the Case

Peter K. Blakeslee, Lincoln, and, on brief, James R. Mowbray and Nancy K. Peterson, of the Nebraska Commission on Public Advocacy, for appellant.

Don Stenberg, Attorney General, J. Kirk Brown, and Marilyn B. Hutchinson, Lincoln, for appellee.

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

WRIGHT, J.

I. NATURE OF CASE

Clifford J. Davlin was convicted of first degree sexual assault on a child and use of a weapon to commit a felony. He was subsequently determined to be a habitual criminal and sentenced to a total of 25 to 35 years' imprisonment. Davlin's convictions and sentences were affirmed by memorandum opinion on direct appeal. See State v. Davlin, 3 Neb.App. xiii (No. A 94-505, Feb. 28, 1995).

Thereafter, Davlin filed a...

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