concurring.
I agree with the result; however, I am of the opinion that Smith v. State, 248 Neb. 360, 535 N.W.2d 694 (1995), and Biddlecome v. Conrad, 249 Neb. 282, 543 N.W.2d 170 (1996), were incorrectly decided for the reasons I have previously set forth in the dissent in Smith.
Gerrard, J., joins in this concurrence.