STATE v. SCHNELL

No. A-08-533.

757 N.W.2d 732 (2008)

17 Neb. App. 211

STATE of Nebraska, appellee, v. John R. SCHNELL, appellant.

Court of Appeals of Nebraska.

November 10, 2008.


Attorney(s) appearing for the Case

Stuart J. Dornan, of Dornan, Lustgarten & Troia, P.C., L.L.O., for appellant.

Jon Bruning, Attorney General, and Nathan A. Liss for appellee.

INBODY, Chief Judge, and MOORE and CASSEL, Judges.


CASSEL, Judge.

INTRODUCTION

This matter is before us on John R. Schnell's motion to withdraw his appeal, the State's objection to the motion, and on the merits of the appeal. We determine that an appellant is not always entitled to dismiss his or her appeal as a matter of right, and we overrule Schnell's motion. Because we find plain error in the sentences imposed by the district court — done consistently with the court's similarly incorrect advisement...

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