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STATE v. FRANS

No. 39559.

223 N.W.2d 490 (1974)

192 Neb. 641

STATE of Nebraska, Appellee, v. Conroy F. FRANS, Appellant.

Supreme Court of Nebraska.

November 27, 1974.

Attorney(s) appearing for the Case

Charles F. Fitzke, James T. Hansen, Gering, for appellant.

Clarence A. H. Meyer, Atty. Gen., Steven C. Smith, Sp. Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

McCOWN, Justice.

The defendant, Conroy F. Frans, pleaded guilty to third-offense drunken driving. He was sentenced to imprisonment for 1 year and revocation of his driver's license.

The sole contention on appeal is that the sentence is excessive and that the defendant should have been placed on probation.

The penalty for third or subsequent offense drunken driving is not less than 1 year nor more than 3 years imprisonment and license revocation. See...

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