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STATE v. KELLY

No. 81-796.

321 N.W.2d 80 (1982)

212 Neb. 45

STATE of Nebraska, Appellee, v. Leo J. KELLY, Appellant.

Supreme Court of Nebraska.

June 25, 1982.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Jerry Soucie, Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Ruth Anne E. Galter, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

CAPORALE, Justice.

The defendant-appellant, Leo J. Kelly, was charged with the offense of operating a motor vehicle while under the influence of alcoholic liquor, third offense. He was found guilty by a jury, and following the District Court's determination that this was his third offense, Kelly was sentenced to a term of 1 year in an institution under the jurisdiction of the Nebraska Department of Correctional Services, ordered to pay the costs of this action, and...

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