Opinion
No. 82-065.
Filed November 24, 1982.
Appeal from the District Court for Hall County: JOSEPH D. MARTIN, Judge. Affirmed.
Ronald S. DePue of McDermott, DePue, McDermott McDermott, for appellant.
Paul L. Douglas, Attorney General, and Dale D. Brodkey, for appellee.
Submitted without oral argument. KRIVOSHA, C.J., BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.
This case is controlled by our opinion in State v. Peiffer, ante p. 864, 326 N.W.2d 844 (1982). Therefore, should defendant have been released from the custody of the Department of Correctional Services under the language of our earlier opinion herein, ante p. 303, 322 N.W.2d 447 (1982), he is to be returned thereto forthwith to complete the sentence imposed by the Third Judicial District Court, Lancaster County. He is entitled to no credit for such period of time as he may have been at liberty by virtue of his release pursuant to our earlier opinion.
Our earlier opinion, ante p. 303, 322 N.W.2d 447 (1982), is overruled.
AFFIRMED.