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STATE v. THOMAS

No. S-08-1177.

769 N.W.2d 357 (2009)

278 Neb. 248

STATE of Nebraska, appellee, v. L.T. THOMAS, appellant.

Supreme Court of Nebraska.

July 31, 2009.

Attorney(s) appearing for the Case

James E. Schaefer and Jill A. Podraza, of Gallup & Schaefer, Omaha, for appellant.

Jon Bruning, Attorney General, and George R. Love, Columbus, for appellee.

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

HEAVICAN, C.J.

I. INTRODUCTION

L.T. Thomas appeals the denial of his motion for postconviction relief by the Douglas County District Court. Thomas was convicted in 1995 of murder in the second degree, first degree assault, and two counts of use of a firearm to commit a felony. Afterward, Thomas was found to be a habitual criminal and his sentences were enhanced. In 2002, Thomas appealed, and in State v. Thomas (Thomas I),1

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