State v. McGinn - supplemental opinion

This case is before us on a motion for rehearing filed by the appellee, State of Nebraska, concerning our opinion in State v. McGinn . 1 We overrule the motion, but we modify the opinion as follows:

In the analysis section, we withdraw the last paragraph 2 and substitute the following:

In this matter, because we consider all evidence admitted by the trial court, erroneously or not, we consider the breath test in our double jeopardy analysis. Considering the breath test, the evidence was sufficient to sustain a guilty verdict for a violation of § 60-6,196(1)(c) as charged. As such, double…