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State v. Muro11/2/2004
ain-which injury no one claims Muro inflicted.
For the foregoing reasons, I would reverse the district court's judgment and remand the cause with directions to find Muro guilty only of the Class IIIA felony under § 28-707(4), which carries a maximum penalty of 5 years' imprisonment, as she clearly "abused" Vivianna by failing to seek necessary and proper care. Because proper proof of the consequences of that failure is lacking, except for guess, chances, possibilities, and speculation, I respectfully dissent.
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