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STATE v. BENZEL

No. S-02-1492.

689 N.W.2d 852 (2004)

269 Neb. 1

STATE of Nebraska, appellee, v. Jeffrey R. BENZEL, appellant.

Supreme Court of Nebraska.

December 23, 2004.

Attorney(s) appearing for the Case

James R. Mowbray and Robert W. Kortus, of Nebraska Commission on Public Advocacy, Lincoln, for appellant.

Jeffrey R. Benzel, pro se.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, GERRARD, MCCORMACK, and MILLER-LERMAN, JJ., and INBODY and MOORE, Judges.

MILLER-LERMAN, J.

I. NATURE OF CASE

Jeffrey R. Benzel was convicted by a jury in 1984 of the first degree murder of Terry Atkinson, the attempted first degree murder of Kim Christensen, use of a firearm to commit a felony, and possession of a firearm by a felon. Although we reversed for resentencing, Benzel's convictions were otherwise affirmed on appeal to this court. State v. Benzel, 220 Neb. 466,

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