STATE v. ALLEN

No. 40294.

239 N.W.2d 272 (1976)

195 Neb. 560

STATE of Nebraska, Appellee, v. Michael ALLEN a/k/a Jose Jones, Appellant.

Supreme Court of Nebraska.

March 4, 1976.


Attorney(s) appearing for the Case

Paul E. Watts, J. Joseph McQuillan, Gerald E. Moran, Robert C. Sigler, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.


SPENCER, Justice.

This case involves the jurisdiction of the District Court to rule on a motion after an appeal has been taken. On April 30, 1975, Michael Allen entered a plea of guilty to a charge of possession of a controlled substance with the intent to deliver. On June 30, 1975, defendant was sentenced to 1½ to 2 years in the Nebraska Penal and Correctional Complex. On July 29, 1975, defendant filed a notice of appeal and paid his appeal docket fee. He also...

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