STATE v. RIEGER

No. S-97-1150.

600 N.W.2d 831 (1999)

257 Neb. 826

STATE of Nebraska, appellee, v. David W. RIEGER, also known as David W. Rieger, Jr., appellant.

Supreme Court of Nebraska.

October 8, 1999.


Attorney(s) appearing for the Case

James J. Regan, Omaha, for appellant.

Don Stenberg, Attorney General, and David T. Bydalek, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


STEPHAN, J.

David W. Rieger appealed his conviction and sentence on charges of robbery and being a habitual criminal. The Nebraska Court of Appeals determined that the trial court lacked jurisdiction to sentence Rieger because of the pendency of an appeal from the denial of his motion for discharge, which appeal was filed after he was convicted but before he was sentenced. It therefore vacated the sentence, dismissed the appeal, and remanded the cause for resentencing...

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