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  5. 793 N.W.2d 155 (2011)
 

STATE v. ERICKSON

No. S-09-1152.

793 N.W.2d 155 (2011)

281 Neb. 31

STATE of Nebraska, appellee, v. Jeremy Ray ERICKSON, appellant.

Supreme Court of Nebraska.

January 28, 2011.

Attorney(s) appearing for the Case

James R. Mowbray and Kelly S. Breen , of Nebraska Commission on Public Advocacy, Lincoln, for appellant.

Jon Bruning , Attorney General, and Erin E. Tangeman for appellee.

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

WRIGHT, J.

NATURE OF CASE

Jeremy Ray Erickson (Erickson) was convicted by a jury of intentional child abuse resulting in the death of his 15-month-old son, Tristen Erickson (Tristen). Erickson was sentenced to a term of 90 years to life in prison. He appeals.

SCOPE OF REVIEW

Whether a crime is a lesser-included offense is determined by a statutory elements approach and is a question of law. State v. Sinica, 277...

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