State v. Smith

The question is the authority of the District Court in a criminal prosecution to resentence a defendant after appeal to this court and affirmance of the judgment. The District Court denied motions of defendants for redetermination of their sentences, and defendants appeal.

We affirmed the judgments in these three cases in State v. Brown, 189 Neb. 297, 202 N. W. 2d 585 (1972). Our mandates, dated December 14, 1972, were filed with the clerk of the District Court on December 18, 1972. On the latter date each defendant moved the District Court to redetermine his sentence for two reasons: (1) The…