State v. Harris

Wright, Judge.

Michael E. Harris was convicted of assault in the first degree and use of a firearm to commit a felony. On December 1,1992, this court dismissed Harris’ appeal for lack of jurisdiction because the notice of appeal was filed before his sentences had been imposed. State v. Harris, 1 NCA 2397 (1992). On February 22, 1993, Harris filed an application for new trial pursuant to Neb. Rev. Stat. § 29-2101(5) (Reissue 1989) on the basis of newly discovered evidence material to his defense. The trial court overruled his motion for new trial, and he appeals.

SCOPE OF REVIEW

A motion for new…