STATE v. BORYCA

No. 40814.

246 N.W.2d 482 (1976)

196 Neb. 835

STATE of Nebraska, Appellee, v. Leonard J. BORYCA, Appellant.

Supreme Court of Nebraska.

November 3, 1976.


Attorney(s) appearing for the Case

Paul E. Watts, Gerald E. Moran, J. Joseph McQuillan, Robert C. Sigler, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Gary B. Schneider, Asst. Atty. Gen., Lincoln, for appellee.

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


NEWTON, Justice.

The defendant was charged with a second offense of operating a motor vehicle while under the influence of alcoholic liquor. Following his plea of guilty defendant was sentenced to 10 days in jail, a fine of $300, and his driver's license was suspended for 1 year. He maintains that the sentence is excessive.

The defendant could have been charged with a third offense on this occasion. His record shows two prior convictions on the same charge...

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