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STATE v. SIDZYIK

No. S-10-278.

795 N.W.2d 281 (2011)

281 Neb. 305

STATE of Nebraska, Appellee, v. Donald L. SIDZYIK, Appellant.

Supreme Court of Nebraska.

April 1, 2011.

Attorney(s) appearing for the Case

Chad M. Brown and Jeremy C. Jorgenson , Omaha, for appellant.

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

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

MILLER-LERMAN, J.

NATURE OF CASE

This case is before us on a petition for further review in which appellant, Donald L. Sidzyik, claims that the Nebraska Court of Appeals erred with respect to three sentencing issues. Sidzyik was convicted in Douglas County District Court of second degree sexual assault based on a plea agreement. At the sentencing hearing, the State failed to remain silent as had been promised in the plea agreement and instead commented that...

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