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STATE v. MOYER

No. S-05-079.

715 N.W.2d 565 (2006)

271 Neb. 776

STATE of Nebraska, appellee, v. Edward MOYER, Sr., appellant.

Supreme Court of Nebraska.

June 16, 2006.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Robert G. Hays for appellant.

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

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

GERRARD, J.

NATURE OF CASE

After pleading guilty to burglary, Edward Moyer, Sr., was sentenced to a term of imprisonment and ordered to make restitution to his victims. When Moyer's trial counsel did not appeal the sentence, Moyer filed a postconviction action and, ultimately, was granted a new direct appeal by the district court. Pursuant to that order, Moyer filed this appeal.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2002, Moyer...

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