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STATE v. WINKLER

No. S-02-177.

663 N.W.2d 102 (2003)

266 Neb. 155

STATE of Nebraska, appellee, v. James M. WINKLER, appellant.

Supreme Court of Nebraska.

June 20, 2003.

Attorney(s) appearing for the Case

David A. Domina and Audrea Y. Kappert, of Domina Law, P.C., for appellant.

Don Stenberg, Attorney General, and Martin W. Swanson for appellee.

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

STEPHAN, J.

James M. Winkler appeals from an order of the district court for Holt County denying his plea in bar. Winkler argues that a successive prosecution for making terroristic threats under Neb.Rev.Stat. § 28-311.01(1)(a) (Reissue 1995) is barred by principles of double jeopardy after he pled guilty to third degree assault under Neb.Rev.Stat. § 28-310(1)(a) (Reissue 1995).

FACTS

On August 29, 2001, Winkler was charged by amended complaint...

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