STATE OF NEBRASKA, APPELLEE, V. BRADEN M. GALVAN, APPELLANT.
Nos. S-19-623, S-19-624
Nebraska Supreme Court
July 17, 2020
306 Neb. 498
___ N.W.2d ___
Appeal from the District Court for Hall County: MARK J. YOUNG, Judge. Former opinion modified. Motion for rehearing overruled.
Gerard A. Piccolo, Hall County Public Defender, for appellant.
Douglas J. Peterson, Attorney General, and Melissa R. Vincent for appellee.
HEAVICAN, C.J., MILLER-LERMAN, CASSEL, STACY, Funke, PAPIK, and FREUDENBERG, JJ.
PER CURIAM.
This case is before us on a motion for rehearing filed by the appellee, State of Nebraska, concerning our opinion in State v. Galvan, 305 Neb. 513, 941 N.W.2d 183 (2020).
We overrule the motion, but modify the opinion as follows:
In the analysis section, under the subheading “PLAIN ERROR,” we withdraw the first two sentences of the fifth paragraph, including footnotes 24 and 25. State v. Galvan, 305 Neb. at 521, 941 N.W.2d at 190.
The remainder of the opinion shall remain unmodified.
FORMER OPINION MODIFIED.
MOTION FOR REHEARING OVERRULED.