State v. Kimes

Full title: STATE OF NEBRASKA, APPELLEE, v. FRED L. KIMES, APPELLANT

Court: Supreme Court of Nebraska

Date published: Mar 16, 1973

205 N.W.2d 341 (Neb. 1973)

205 N.W.2d 341

Opinion

No. 38690.

Filed March 16, 1973.

Rules of Court. Judgment affirmed. See Rule 20, Revised Rules of the Supreme Court.

Appeal from the district court for Gage County: WILLIAM B. RIST, Judge. Affirmed.

Merrell L. Andersen, for appellant.

Clarence A. H. Meyer, Attorney General, and Chauncey C. Sheldon, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

SPENCER, J.

This appeal is from a resentencing pursuant to the remand in our opinion filed March 3, 1972, State v. Kimes, 188 Neb. 85, 195 N.W.2d 216. We affirm.

The original sentencing judge had retired and the hearing on the mandate was before the successor district judge. The resentencing procedure was conducted in strict compliance with the letter and spirit of the mandate of this court in the previous appeal.

Judgment affirmed. See Rule 20, Revised Rules of Supreme Court.

AFFIRMED.