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STATE v. SMITH

No. A-04-691.

693 N.W.2d 587 (2005)

13 Neb. App. 404

STATE of Nebraska, appellee, v. Samuel Q. SMITH, appellant.

Court of Appeals of Nebraska.

March 8, 2005.

Attorney(s) appearing for the Case

Thomas C. Riley, Douglas County Public Defender, and Timothy P. Burns, Omaha, for appellant.

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

INBODY, Chief Judge, and IRWIN and CARLSON, Judges.

CARLSON, Judge.

INTRODUCTION

Samuel Q. Smith appeals from his convictions and sentences for second degree murder and use of a deadly weapon to commit a felony. The trial court sentenced Smith to 40 to 60 years' imprisonment on the second degree murder conviction and 5 to 10 years' imprisonment on the weapon conviction. Smith is to serve the sentences consecutively, with credit for 391 days served. On appeal, Smith claims that the district court erred in...

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