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STATE v. VELA-MONTES

No. S-10-1043.

810 N.W.2d 749 (2012)

283 Neb. 530

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

Supreme Court of Nebraska.

March 23, 2012.

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 for appellee.

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

PER CURIAM.

Having reviewed the briefs and record and having heard oral arguments, we conclude on further review that the decision of the Nebraska Court of Appeals in State v. Vela-Montes, 19 Neb.App. 378, 807 N.W.2d 544 (2011), is correct, and accordingly, we affirm the decision of the Court of Appeals which affirmed as modified the ruling of the district court.

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