Nebraska Supreme Court, 2020

State v. Galvan (supplemental opinion)

State v. Galvan (supplemental opinion)
Nebraska Supreme Court · Decided July 17, 2020
945 N.W.2d 888; 306 Neb. 498 (North Western Reporter, Second Series)

State v. Galvan (supplemental opinion)

Opinion

Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 10/09/2020 09:08 AM CDT

- 498 - Nebraska Supreme Court Advance Sheets Nebraska Reports STATE v. GALVAN Cite as 306 Neb. 498

State of Nebraska, appellee, v. Braden M. Galvan, appellant. ___ N.W.2d ___ Filed July 17, 2020. Nos. S‑19‑623, S‑19‑624.

supplemental opinion Appeal from the District Court for Hall County: Mark J.

Young, Judge. Former opinion modified. Motion for rehear- ing overruled.

Gerard A. Piccolo, Hall County Public Defender, for appellant.

Douglas J. Peterson, Attorney General, and Melissa R. Vincent for appellee.

Heavican, C.J., Miller‑Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

Per Curiam.

This case is before us on a motion for rehearing filed by the appellee, State of Nebraska, concerning our opinion in State v. Galvan, 305 Neb. 513, 941 N.W.2d 183 (2020).

We overrule the motion, but modify the opinion as follows: In the analysis section, under the subheading “Plain Error,” we withdraw the first two sentences of the fifth paragraph, including footnotes 24 and 25. State v. Galvan, 305 Neb. at 521, 941 N.W.2d at 190.

The remainder of the opinion shall remain unmodified.

Former opinion modified.

Motion for rehearing overruled.

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