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STATE v. BRITT

No. A-91-427.

493 N.W.2d 631 (1992)

STATE of Nebraska, Appellee, v. Sidney BRITT, Appellant.

Court of Appeals of Nebraska.

September 1, 1992.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, Brian S. Munnelly, and Scott C. Sladek, Omaha, for appellant.

Don Stenberg, Atty. Gen., and Donald A. Kohtz, Lincoln, for appellee.

SIEVERS, C.J., and HANNON and WRIGHT, JJ.

SIEVERS, Chief Judge.

INTRODUCTION

In this criminal case, reversal in part is required because of the failure to properly apply the lesser-included offense doctrine.

Sidney Britt was charged with felony child abuse, assault in the second degree, and possession of a firearm by a felon. See Neb.Rev.Stat. §§ 28-707, 28-309(1), and 28-1206 (Reissue 1989). Britt was also charged with three counts of being a habitual criminal. See Neb.Rev.Stat...

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