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STATE v. DUNCAN

No. S-15-763.

882 N.W.2d 650 (2016)

294 Neb. 162

STATE of Nebraska, appellee, v. Brody L. DUNCAN, appellant.

Supreme Court of Nebraska.

Filed July 15, 2016.

Attorney(s) appearing for the Case

Robert B. Creager , of Anderson, Creager & Wittstruck, P.C., L.L.O., Lincoln, for appellant.

Douglas J. Peterson , Attorney General, and George R. Love , Lincoln, for appellee.

Heavican, C.J., Wright, Connolly, Miller-Lerman, Cassel, Stacy, and Kelch, JJ.

NATURE OF CASE

Brody L. Duncan was accused of unlawfully taking two items belonging to Hymark Towing (Hymark), a Chevrolet Tahoe and a combine trailer. Rather than being charged with two Class IV felonies (theft by unlawful taking, more than $500 but less than $1,500), Duncan was charged with one Class III felony (theft by unlawful...

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