State v. Ellis

This appeal once again presents the question of how the habitual criminal statute, Neb. Rev. Stat. § 29-2221 (Reissue 1979), should be interpreted. The appellant, Roy L. Ellis, was informed against in a three-count amended information. The first count charged him with the robbery of property of Kentucky Fried Chicken from the personal protection of one Nick Gann, in violation of Neb. Rev. Stat. § 28-324 (Reissue 1979), a Class II felony. The second count charged Ellis with the use of a firearm to commit the felony, in violation of Neb. Rev. Stat. §28-1205 (Reissue 1979), a Class III felony.…