State v. Kennedy

Upon motion for rehearing, the opinion previously adopted by this court, appearing at 205 Neb. 714, 289 N.W.2d 765 (1980), is hereby modified by deleting therefrom the last sentence of the first full para*405graph on page 718, “Defendant did not perfect a direct appeal,” and substituting therefor “Although defendant filed a notice of appeal and argued excessiveness of his sentence, he did not include such argued excessiveness of his sentence within his assignment of errors.”

The opinion is further modified by adding on page 719, immediately preceding the final sentence of the opinion announcing…