STATE OF NEBRASKA, APPELLEE, V. KRISTIE J. KEENAN, APPELLANT.
No. A-19-806
Nebraska Court of Appeals
Filed August 4, 2020
28 Neb. App. 697
___ N.W.2d ___
SUPPLEMENTAL OPINION
Appeal from the District Court for Cheyenne County, DEREK C. WEIMER, Judge, on appeal thereto from the County Court for Cheyenne County, RANDIN R. ROLAND, Judge. Former opinion modified. Motion for rehearing overruled.
Stacy C. Bach, of Nossaman Petitt Law Firm, P.C., for appellant.
Douglas J. Peterson, Attorney General, and Nathan A. Liss for appellee.
PIRTLE, RIEDMANN, and WELCH, Judges.
This case is before us on a motion for rehearing filed by the appellee, State of Nebraska, concerning our opinion in State v. Keenan, 28 Neb. App. 575, ___ N.W.2d ___ (2020). We overrule the motion, but we modify the opinion as follows:
In the analysis section, the first sentence of the third paragraph is withdrawn and substituted with the following:
In McGinn, the assigned errors included that although the district court correctly reversed the county court‘s admission of the breath test results, it erred by ruling that there was sufficient evidence other than the breath test for the county court to find the defendant guilty of driving under the influence.
The remainder of the opinion shall remain unmodified.
FORMER OPINION MODIFIED.
MOTION FOR REHEARING OVERRULED.
