State v. Reames, 308 Neb. 361

Raela C. Reames was convicted of possession of a controlled substance and sentenced on March 17, 2020 to 1 year probation with a residency condition (Lancaster County) and requirement to notify probation officer before changing address.
At sentencing Reames told trial counsel she did not wish to appeal; counsel withdrew a motion for appellate bond accordingly.
Reames signed an amended order of probation (March 18) and the court entered it on March 20, 2020, changing the residency condition to permit her to live in Kansas.
Reames’ counsel filed a notice of appeal on April 17, 2020 (31 days after the March 17 sentencing order; 28 days after the March 20 amended order); the Court of Appeals noted timeliness as to March 20 but not March 17 and requested jurisdictional briefing.
Reames claims ineffective assistance of trial counsel for failing to timely appeal the March 17 sentencing order; new appellate counsel pursued the appeal after trial counsel withdrew.

Issue	Plaintiff's Argument (Reames)	Defendant's Argument (State)	Held
Timeliness of appeal from March 17 sentencing order	Trial counsel was ineffective for failing to file a timely appeal; Reames filed notice April 17	Notice was filed 31 days after the sentencing order, exceeding §25-1912(1) 30-day deadline	Appeal from March 17 is untimely; court lacks jurisdiction and appeal dismissed
Appealability of March 20 amended probation order	Treat the appeal as from the March 20 amended order to preserve the ineffective-assistance claim	The §29-2263 modification power is not a vehicle to collaterally attack the sentence; March 20 order did not affect a substantial right and Reames was not aggrieved	March 20 order is not a final, appealable order here (no substantial right affected; Reames not aggrieved); court lacks jurisdiction
Proper remedy for alleged failure to timely appeal	Because appellate counsel differs from trial counsel, the ineffective-assistance claim should be raised on direct appeal	Because the direct appeal of the judgment was untimely, the proper remedy is a postconviction motion to raise ineffective-assistance for failure to appeal	Ineffective-assistance claim is not properly before this appeal; should be raised in postconviction proceedings

State v. Paulsen, 304 Neb. 21 (2019) (explains when a postjudgment order modifying probation can be a final, appealable order and how to analyze whether it affects a substantial right)
State v. Flying Hawk, 227 Neb. 878 (1988) (establishes that the 30-day notice-of-appeal requirement is mandatory and jurisdictional)
State v. Theisen, 306 Neb. 591 (2020) (appellate courts have an independent obligation to assure jurisdiction)
State v. Devers, 306 Neb. 429 (2020) (when appellate counsel differs from trial counsel, issues apparent on the record must be raised on direct appeal)
State v. Bazer, 276 Neb. 7 (2008) (first opportunity to assert ineffective assistance is in postconviction when trial and appeal counsel are the same)
State v. Dalton, 307 Neb. 465 (2020) (postconviction is the proper vehicle to raise certain ineffective-assistance claims)