STATE v. SCHUETZ

No. A-10-276.

790 N.W.2d 726 (2010)

18 Neb. App. 658

STATE of Nebraska, appellee, v. Jay J. SCHUETZ, appellant.

Court of Appeals of Nebraska.

November 9, 2010.


Attorney(s) appearing for the Case

Gerald M. Stilmock , Syracuse, of Brandt, Horan, Hallstrom & Stilmock, for appellant.

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

IRWIN, SIEVERS, and CARLSON, Judges.


SIEVERS, Judge.

INTRODUCTION

This case involves the interplay between a probationary sentence, a subsequent revocation of probation, the imposition of a new sentence, and the Double Jeopardy Clauses of the U.S. and Nebraska Constitutions. Jay J. Schuetz contends that the new sentence imposed after his probation was revoked is a double jeopardy violation, but we disagree and therefore affirm his sentence.

FACTUAL AND PROCEDURAL BACKGROUND

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