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STATE v. SMITH

No. S-16-199.

892 N.W.2d 52 (2017)

295 Neb. 957

STATE of Nebraska, appellee, v. Brian D. SMITH, appellant.

Supreme Court of Nebraska.

Filed March 3, 2017.

Attorney(s) appearing for the Case

Jeffery A. Pickens , of Nebraska Commission on Public Advocacy, for appellant.

Douglas J. Peterson , Attorney General, and Melissa R. Vincent , Lincoln, for appellee.

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

I. NATURE OF CASE

In 1983, Brian D. Smith pled guilty to kidnapping, a Class IA felony — a crime Smith committed when he was 16 years old. Smith's sentence of life imprisonment was later vacated, and he was resentenced to 90 years' to life imprisonment. Smith appeals this sentence, alleging that it is excessive and violates...

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