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STATE v. CURRY

No. A-09-536.

790 N.W.2d 441 (2010)

18 Neb. App. 284

STATE of Nebraska, appellee, v. Joshua CURRY, appellant.

Court of Appeals of Nebraska.

February 23, 2010.

Attorney(s) appearing for the Case

James R. Mowbray and Kelly S. Breen, of Nebraska Commission on Public Advocacy, for appellant.

Jon Bruning, Attorney General, and Stacy M. Foust for appellee.

SIEVERS, CARLSON, and MOORE, Judges.

SIEVERS, Judge.

I. INTRODUCTION

On February 27, 2007, Joshua Curry was charged with first degree sexual assault under Neb.Rev.Stat. § 28-319(1)(c) (Reissue 1995), a Class II felony. The information alleged that Curry, being more than 19 years of age, did subject K.B., who was less than 16 years of age, to sexual penetration on July 1, 2006, in Cheyenne County, Nebraska. Upon the State's motion, this information was dismissed without prejudice on July...

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