Nebraska Advance Sheets STATE v. WHITE 951 Cite as 285 Neb. 951 State of Nebraska, appellee, v. Darrell E. White, appellant. ___ N.W.2d ___ Filed May 24, 2013. No. S-11-515.

Petition for further review from the Court of Appeals, Inbody, Chief Judge, and Irwin and Sievers, Judges, on appeal thereto from the District Court for Sarpy County, Max K elch, Judge. Judgment of Court of Appeals affirmed.

Patrick J. Boylan, Chief Deputy Sarpy County Public Defender, and Mandy M. Gruhlkey for appellant.

Jon Bruning, Attorney General, and James D. Smith for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, and Miller-Lerman, JJ.

P er Curiam.

Having reviewed the briefs and record and having heard oral arguments, we conclude on further review that the decision of the Nebraska Court of Appeals in State v. White, 20 Neb. App. 116, 819 N.W.2d 473 (2012), is correct. Accordingly, we affirm the decision of the Court of Appeals, which reversed the judgment of the district court and remanded the cause for a new trial.

Affirmed.

Cassel, J., not participating.