Opinion
No. S-96-079.
Filed January 9, 1998.
Petition for further review from the Nebraska Court of Appeals, HANNON, SIEVERS, and MUES, Judges, on appeal thereto from the District Court for Lancaster County, BERNARD J. McGINN, Judge, on appeal thereto from the County Court for Lancaster County, DONALD R. GRANT, Judge. Judgment of Court of Appeals affirmed.
Robert W. Kortus and Julie A. Frank, of Frank Gryva, P.C., for appellant.
Connor L. Reuter, Assistant Lincoln City Attorney, for appellee.
Herbert M. Fitle, Omaha City Attorney, and Martin J. Conboy III, Omaha City Prosecutor, and J. Michael Tesar for amicus curiae City of Omaha.
WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, GERRARD, and McCORMACK, JJ.
The decision of the Nebraska Court of Appeals State v. Fiedler, 5 Neb. App. 629, 562 N.W.2d 380 (1997), is affirmed by an equally divided court.
AFFIRMED.
STEPHAN, J., not participating.