PER CURIAM.
Petition for further review from the Court of Appeals, Irwin, Cassel, and Pirtle, Judges, on appeal thereto from the District Court for Douglas County, J. Michael Coffey, Judge. Judgment of Court of Appeals affirmed.Daniel R. Stockmann, of Dunn & Stockmann, L.L.O., Omaha, for appellant. Jon Bruning, Attorney General, and Kimberly A. Klein for appellee. HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER–LERMAN, JJ. PER CURIAM.
Having reviewed the briefs and record and having heard oral arguments, we conclude on further review that the decision of the Nebraska Court of Appeals in State v. Vela–Montes, 19 Neb.App. 378, 807 N.W.2d 544 (2011), is correct, and accordingly, we affirm the decision of the Court of Appeals which affirmed as modified the ruling of the district court.
Affirmed.