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STATE v. ROUSE

No. A-04-052.

688 N.W.2d 889 (2004)

13 Neb. App. 90

STATE of Nebraska, appellant, v. Roy J. ROUSE, appellee.

Court of Appeals of Nebraska.

November 16, 2004.

Attorney(s) appearing for the Case

Arlan G. Wine, Chase County Attorney, and Steven A. Gabrial, Special Deputy Chase County Attorney, for appellant.

Jerrod M. Gregg, of McQuillan, Steenburg & McQuillan, P.C., Ogallala, for appellee.

IRWIN, MOORE, and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

The State appeals from the district court's order granting Roy J. Rouse's motion to discharge because the 180-day time limit set forth in Neb.Rev.Stat. §§ 29-3801 to 29-3809 (Reissue 1995) (instate prisoner statutes) had expired. Because Rouse's counsel implicitly requested a continuance while scheduling trial at Rouse's arraignment, resulting in a delay that the trial court failed to recognize as an extension of the...

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