[DOWNLOAD] "State Nebraska v. Lavell Dean Flye" by Court of Appeals of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: State Nebraska v. Lavell Dean Flye
• Author : Court of Appeals of New York
• Release Date : January 01, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

In this criminal proceeding the district court, pursuant to verdict, adJudged the defendant-appellant, Lavell Dean Flye, guilty of criminal mischief, in violation of Neb. Rev. Stat. § 28-519 (Reissue 1989); found him to be a habitual criminal, as defined in Neb. Rev. Stat. § 29-2221 (Reissue 1989); and sentenced him to imprisonment for a period of 10 years. In appealing to the Nebraska Court of Appeals, Flye asserted that the district court erred in (1) instructing the jury as to the meaning of "pecuniary loss," (2) finding the evidence sufficient to support the verdict, (3) failing to find the habitual criminal charge to be the result of prosecutorial vindictiveness, and (4) refusing to place him on probation. The Court of Appeals determined the district courts definition of pecuniary loss to have been prejudicially erroneous and thus vacated the sentence and remanded the cause for a new trial solely on the issue of the amount of pecuniary loss Flye caused. State v. Flye, 2 Neb. App. 96, 507 N.W.2d 493 (1993). We granted the plaintiff-appellee States petition for further review and now reverse the judgment of the Court of Appeals and remand the cause to that court, directing that it reinstate and affirm the judgment of the district court.

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