State v. Hassan, 309 Neb. 644

Hassan was charged in county court with felony drug offenses after a vehicle search; he was released pending proceedings.
The county court entered a journal order directing Hassan to appear at a preliminary hearing set for Thursday, October 24, 2019.
Hassan did not appear on October 24; the county court issued a bench warrant that day, and law enforcement arrested Hassan the following Monday, October 28.
The State introduced exhibit 7 (county court records: the journal order, a notation of failure to appear, the bench warrant, and a warrant return) to prove the failure-to-appear charge; Hassan objected on hearsay/public-records grounds.
A jury acquitted Hassan of the possession charges but convicted him of failure to appear; he was sentenced to 10 days (with credit for time served).
Hassan argued (1) the county court records were inadmissible hearsay and (2) the 3-day surrender period under Neb. Rev. Stat. § 29-908 must be computed under the time-computation statute (§ 25-2221), which would make his Monday arrest timely and negate an essential element of the offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of county court records (Exhibit 7)	State: records (or parts) are admissible; court orders have legal effect and fit exceptions	Hassan: exhibit 7 is hearsay and not properly within the public-records exception	The court held the journal order is a verbal act (not hearsay) and, because admissible parts existed, overruling a whole-exhibit objection was proper
Computation of the 3-day surrender period under § 29-908	State: § 25-2221 (time-computation) should not apply; 3 days means 3 calendar days for this statute	Hassan: § 25-2221 applies so the Sunday extension moves the deadline to Monday, making his arrest timely	The court held § 25-2221 does not apply because the surrender need not be performed "in the action or proceeding," so the statute’s plain 3-calendar-day reading controls; sufficient evidence supported the conviction

State v. Draganescu, 276 Neb. 448 (2008) (standard of review for hearsay rulings)
State v. Price, 306 Neb. 38 (2020) (standard for sufficiency-of-evidence review in criminal cases)
State v. Poe, 292 Neb. 60 (2015) (definition of hearsay and principle that out-of-court statements offered for nontruth are not hearsay)
State v. McCave, 282 Neb. 500 (2011) (verbal acts in court orders are not hearsay)
State v. Merrill, 252 Neb. 736 (1997) (an exhibit objectionable in part may be admitted if admissible portions exist)
State v. Valdez, 236 Neb. 627 (1990) (elements required to prove failure-to-appear under § 29-908)
In re Guardianship of Eliza W., 304 Neb. 995 (2020) (statutory interpretation principles: plain meaning and context)
State ex rel. Wieland v. Beermann, 246 Neb. 808 (1994) (earlier, broader application of § 25-2221 in filing/computation contexts)
U.S. v. Dupree, 706 F.3d 131 (2d Cir. 2013) (court commands treated as legally operative verbal conduct and not hearsay)