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STATE v. CANIGLIA

No. S-05-069.

724 N.W.2d 316 (2006)

272 Neb. 662

STATE of Nebraska, Appellant v. Cynthia J. CANIGLIA, Appellee.

Supreme Court of Nebraska.

December 8, 2006.

Attorney(s) appearing for the Case

L. Kenneth Polikov, Sarpy County Attorney, and Tricia A. Freeman, for appellant.

Thomas P. Stringenz, Sarpy County Public Defender, and Patrick J. Boylan, Bellevue, for appellee.

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

MILLER-LERMAN, J.

NATURE OF CASE

After Cynthia J. Caniglia, appellee, admitted that she had violated the terms of her probation, the district court for Sarpy County entered an order on January 7, 2005, providing that "the probation be terminated as unsuccessful." The State filed an appeal, relying on Neb.Rev.Stat. § 29-2320 (Cum. Supp. 2004) as the basis for jurisdiction. Section 29-2320 allows the State to appeal in a criminal case when it believes...

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