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STATE EX REL. BALES v. BLACK

Nos. 83-201 to 83-203, and 83-205 to 83-207.

340 N.W.2d 13 (1983)

215 Neb. 723

STATE of Nebraska ex rel. Henry BALES, Lupe Rabago, Robert A. Barto, Sr., Louis K. Bokoskie, Willard Tolliver, Jr., and Vernie Birdhead (Vernon Allen Bird Head), Appellants, v. Charles BLACK, Warden, Nebraska State Penitentiary, et al., Appellees.

Supreme Court of Nebraska.

November 18, 1983.

Attorney(s) appearing for the Case

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

Paul L. Douglas, Atty. Gen. and J. Kirk Brown, Asst. Atty. Gen., Lincoln, for appellees.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

Each of the appellants herein was convicted of the offense of driving while under the influence of alcohol or drugs, third offense, and was sentenced to at least 1 year's confinement. Each has served more than 6 months in jail and seeks habeas corpus relief for reduction of sentence under Neb. Rev.Stat. § 29-2204.01 (Reissue 1979), since Neb.Rev.Stat. § 39-669.07 (Cum.Supp.1982) created new penalties for such offenses. The action of the trial...

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