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STATE v. WINSLOW

No. S-06-983.

740 N.W.2d 794 (2007)

274 Neb. 427

STATE of Nebraska, Appellee, v. Thomas W. WINSLOW, Appellant.

Supreme Court of Nebraska.

November 2, 2007.

Attorney(s) appearing for the Case

James R. Mowbray and Jerry L. Soucie, of Nebraska Commission on Public Advocacy, Lincoln, for appellant.

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

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

MILLER-LERMAN, J.

NATURE OF CASE

Thomas W. Winslow appeals the order of the district court for Gage County which denied Winslow's motion for DNA testing filed under the DNA Testing Act, Neb. Rev.Stat. §§ 29-4116 through 29-4125 (Cum.Supp.2006). The district court determined that Winslow was not eligible for DNA testing because he was convicted based on his plea of no contest. As an alternate ground for denying the motion, the district court determined...

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