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STATE v. STAHLA

No. A-03-625.

688 N.W.2d 641 (2004)

13 Neb. App. 79

STATE of Nebraska, appellee, v. Marvin L. STAHLA, appellant.

Court of Appeals of Nebraska.

November 16, 2004.

Attorney(s) appearing for the Case

Bell Island, of Island, Huff & Nichols, P.C., L.L.O., Scottsbluff, for appellant.

Jon Bruning, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

IRWIN, MOORE, and CASSEL, Judges.

IRWIN, Judge.

I. INTRODUCTION

Marvin L. Stahla appeals a decision of the district court for Kimball County, Nebraska. Stahla argues that the court's failure to submit a factual question to the jury violated his 6th and 14th Amendment rights. Because the factual question at issue merely determines whether Stahla's crime is punishable as a Class I misdemeanor or a Class II misdemeanor and does not enhance Stahla...

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