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STATE v. VELA-MONTES

No. A-10-1043.

807 N.W.2d 544 (2011)

19 Neb. App. 378

STATE of Nebraska, appellee, v. Victor VELA-MONTES, appellant.

Court of Appeals of Nebraska.

December 13, 2011.

Attorney(s) appearing for the Case

Daniel R. Stockmann , of Dunn & Stockmann, L.L.O., Omaha, for appellant.

Jon Bruning , Attorney General, and Kimberly A. Klein , Lincoln, for appellee.

IRWIN, CASSEL, and PIRTLE, Judges.

PER CURIAM.

INTRODUCTION

Victor Vela-Montes appeals from an order denying his motion for absolute discharge on speedy trial grounds. At the hearing on his motion for discharge, the district court received evidence precisely confirming the prosecutor's representations made at the time the State obtained a continuance. Vela-Montes argues that because the evidence was not produced at the earlier hearing in the form of an affidavit or live witness, the court...

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