State v. Phillips

Nebraska Supreme Court
State v. Phillips, 212 Neb. 875 (Neb. 1982)
326 N.W.2d 849; 1982 Neb. LEXIS 1313
Boslaugh, Caporale, Clinton, Hastings, Krivosha, McCown, White

State v. Phillips

Opinion of the Court

Per Curiam.

This case is controlled by our opinion in State v. Peiffer, ante p. 864, 326 N.W.2d 844 (1982). Therefore, should defendant have been released from the custody of the Department of Correctional Services under the language of our earlier opinion herein, ante p. 303, 322 N.W.2d 447 (1982), he is to be returned thereto forthwith to complete the sentence imposed by the Third Judicial District Court, Lancaster County. He is entitled to no credit for such period of time as he may have been at liberty by *876virtue of his release pursuant to our earlier opinion.

Our earlier opinion, ante p. 303, 322 N.W.2d 447 (1982), is overruled.

Affirmed.

Concurring Opinion

McCown, J.,

concurring in the result.

I concur in the result for the reasons stated in my concurring opinion in State v. Peiffer, ante p. 864, 326 N.W.2d 844 (1982).

Dissenting Opinion

Caporale, J.,

dissenting.

I respectfully dissent for the reasons set forth in the dissent in State v. Peiffer, ante p. 864, 326 N.W.2d 844 (1982).

Krivosha, C.J., and Boslaugh, J., join in this dissent.

Reference

Full Case Name
State of Nebraska v. Alfred K. Phillips
Cited By
1 case
Status
Published