STATE v. MILLER

No. 86-1042.

412 N.W.2d 849 (1987)

226 Neb. 576

STATE of Nebraska, Appellee, v. Mark S. MILLER, Appellant.

Supreme Court of Nebraska.

September 25, 1987.


Attorney(s) appearing for the Case

George A. Sutera of Sutera & Sutera, Papillion, for appellant.

Robert M. Spire, Atty. Gen., and Yvonne E. Gates, Lincoln, for appellee.

BOSLAUGH, C.J., Pro Tem., WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.


GRANT, Justice.

After a trial to the county court for Sarpy County sitting without a jury, defendant, Mark S. Miller, was found guilty of operating or being in actual physical control of a motor vehicle in violation of Neb.Rev.Stat. § 39-669.07 (Cum.Supp. 1986). After an enhancement hearing at which the State proved that defendant had twice before been convicted of the same charge and had had counsel during each such conviction, defendant was sentenced to 91...

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