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STATE v. PENADO

No. S-10-1049.

804 N.W.2d 160 (2011)

282 Neb. 495

STATE of Nebraska, Appellant, v. Cesar PENADO, Appellee.

Supreme Court of Nebraska.

October 7, 2011.

Attorney(s) appearing for the Case

Joe Kelly , Lancaster County Attorney, and Lory A. Pasold for appellant.

Dennis R. Keefe , Lancaster County Public Defender, and Scott P. Helvie for appellee.

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

McCORMACK, J.

NATURE OF CASE

Cesar Penado was charged with murder in the first degree, use of a weapon to commit a felony, and burglary. Following Penado's request for a hearing to determine competency, the Lancaster County District Court found that Penado was not competent to stand trial and determined that there was not a substantial likelihood that Penado may become competent in the foreseeable future. The State of Nebraska appeals.

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