State v. Roth

348 N.W.2d 125, 217 Neb. 80, 1984 Neb. LEXIS 1053

• Court: Nebraska Supreme Court
• Decided: April 20, 1984
• Docket: No. 83-648
• Status: Published

Opinion

Per Curiam.

The defendant-appellant, Robert L. Roth, appeals from his conviction on a charge of possessing cocaine with intent to deliver.

The relevant facts are set forth in State v. Roth, 213 Neb. 900, 331 N.W.2d 819 (1983), Roth I, a single-judge opinion which determined that the district court erred in suppressing certain physical evidence. Thereafter, defendant proceeded to trial on stipulated facts, preserving the question as to whether the physical evidence admitted by the district court into evidence pursuant to Roth I should in fact have been suppressed.

We adopt the reasoning and rationale set forth in Roth I, hold that the physical evidence should not have been suppressed, and affirm.

Affirmed.