STATE v. KEENAN (2020)

Court of Appeals of Nebraska.

STATE of Nebraska, appellee, v. Kristie J. KEENAN, appellant.

No. A-19-806.

Decided: August 04, 2020

Pirtle, Riedmann, and Welch, Judges.

Stacy C. Bach, of Nossaman Petitt Law Firm, P.C., for appellant. Douglas J. Peterson, Attorney General, and Nathan A. Liss, Lincoln, for appellee.

supplemental opinion

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, 946 N.W.2d 689 (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In the analysis section, the first sentence of the third paragraph is withdrawn and substituted with the following: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.

Per Curiam.

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