DAKOTA CITY, Neb. (AP) — A man has dropped his appeal of a judge's ruling that the man is incompetent to be tried for murder in northeast Nebraska.

The Sioux City (Iowa) Journal reports that Andres Surber's attorney last week filed a motion asking the Nebraska Appeals Court to dismiss Surber's appeal. The court did so Friday.

Surber's attorney declined to say whether Surber's treatment at a state psychiatric hospital had restored him to competency.

In April 2017 Judge Paul Vaughan found Surber not mentally competent to stand trial. Surber has pleaded not guilty to murder and related charges for the November 2016 slaying of 41-year-old Kraig Kubik at Kubik's home in Emerson.

Another man charged, Brayan Galvan-Hernandez, has been sentenced to 50 to 60 years in prison.

The 27-year-old Surber is from Wakefield.

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Information from: Sioux City Journal, http://www.siouxcityjournal.com