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STATE v. VAINIUNAS

No. 81-819.

331 N.W.2d 522 (1983)

213 Neb. 800

STATE of Nebraska, Appellee, v. Vincent VAINIUNAS, Appellant.

Supreme Court of Nebraska.

March 25, 1983.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Stanley A. Krieger, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Martel J. Bundy, Asst. Atty. Gen., Lincoln, for appellee.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and COLWELL, District Judge, Retired.

PER CURIAM.

The defendant was convicted of third offense driving while under the influence of intoxicating liquor and sentenced to 1 to 3 years' imprisonment. He has appealed and contends the sentence was excessive and that a prior conviction relied upon by the State was invalid for enhancement purposes.

In State v. Smith, 213 Neb. 446, 329 N.W.2d 564

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