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State v. Mata9/5/2003
onment imposed for the kidnapping. However, based on Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed. 2d 556 (2002), Mata's death sentence is vacated, and the cause is remanded for resentencing on the charge of first degree premeditated murder, as consistent with this opinion and our opinion in State v. Gales, 265 Neb. 598, 658 N.W.2d 604 (2003).
Affirmed in part, and in part vacated and remanded with directions for new penalty phase hearing and resentencing on count I.
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