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STATE v. VELA-MONTES

No. S-12-589.

844 N.W.2d 286 (2014)

287 Neb. 679

STATE of Nebraska, Appellee, v. Victor VELA-MONTES, Appellant.

Supreme Court of Nebraska.

Filed March 21, 2014.

Attorney(s) appearing for the Case

Daniel R. Stockmann , of Dunn & Stockmann, for appellant.

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

Heavican, C.J., Wright, Connolly, Stephan, McCormack, and Miller-Lerman, JJ.

Wright, J.

NATURE OF CASE

In June 2012, Victor Vela-Montes filed his second motion to discharge based upon the statutory right to a speedy trial. After the district court overruled the motion, Vela-Montes appealed. However, while the appeal was pending, he moved to withdraw and dismiss the appeal. We dismissed Vela-Montes' appeal upon his motion without determining how much time remained on the speedy trial clock.

The State sought rehearing due to...

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