State v. Rolling

This is the fourth appearance of this matter in this court. Initially, the appellant, Walter W. Rolling, was charged in a five-count information and convicted. The facts are more fully set out in State v. Rolling, 209 Neb. 243, 307 N.W.2d 123 (1981) (Rolling I), where we affirmed the convictions, and need not be repeated here. In Rolling I we noted plain error in that the sentences imposed by the district court were contrary to the provisions of Neb. Rev. Stat. § 29-2221 (Reissue 1979) and therefore invalid. We set aside the sentences and remanded the cause to the district court with…