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STATE v. MERCER

No. 83-756.

347 N.W.2d 868 (1984)

217 Neb. 164

STATE of Nebraska, Appellee, v. James A. MERCER, Appellant.

Supreme Court of Nebraska.

April 27, 1984.

Attorney(s) appearing for the Case

Anthony S. Troia of Troia Law Offices, P.C., Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Linda L. Willard, Lincoln, for appellee.

KRIVOSHA, C.J., WHITE, and CAPORALE, JJ., and BRODKEY and McCOWN, JJ., Retired.

KRIVOSHA, C.J.

The appellant, James A. Mercer, was convicted in the municipal court of Omaha, Douglas County, Nebraska, of the crime of operating a motor vehicle under the influence of intoxicating liquor in violation of Neb.Rev.Stat. § 39-669.07 (Cum.Supp. 1982). The complaint alleged that this was Mercer's fourth offense for operating a motor vehicle under the influence of intoxicating liquor. On March 14, 1983, upon being arraigned in the municipal court of...

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