STATE v. GRAFF

No. S-11-158.

810 N.W.2d 140 (2011)

282 Neb. 746

STATE of Nebraska, appellee, v. Terry Jay GRAFF, appellant.

Supreme Court of Nebraska.

November 18, 2011.


Attorney(s) appearing for the Case

Bradley D. Holtorf , of Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy, Nick & Placek, Fremont, for appellant.

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

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


HEAVICAN, C.J.

INTRODUCTION

Terry Jay Graff was convicted of violating a protection order and was sentenced to 12 months' probation. The issue presented by this appeal is whether a defendant can be convicted of knowingly violating a protection order of which he has actual notice if the defendant was not personally served with that order. We conclude that personal service is required by the statute and accordingly reverse, and remand with directions.

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