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STATE v. ANTONIAK

No. A-07-457.

744 N.W.2d 508 (2008)

16 Neb. App. 445

STATE of Nebraska, Appellant v. Scott A. ANTONIAK, Appellee.

Court of Appeals of Nebraska.

February 19, 2008.

Attorney(s) appearing for the Case

Jeffrey J. Lux, Deputy Douglas County Attorney, for appellant.

Emil M. Fabian, of Fabian & Thielen, Omaha, for appellee.

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

CASSEL, Judge.

INTRODUCTION

Following a bench trial, the district court for Douglas County convicted Scott A. Antoniak of first degree sexual assault and sentenced Antoniak to 5 years' probation. The State of Nebraska appeals the sentence imposed on Antoniak as excessively lenient. Finding no abuse of discretion in the sentence of probation, we affirm the sentence of the district court.

BACKGROUND

On July 10, 2005, while Antoniak was on...

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