STATE v. CHRISTIANSEN

No. 83-800.

351 N.W.2d 67 (1984)

217 Neb. 740

STATE of Nebraska, Appellee, v. Gerold D. CHRISTIANSEN, Appellant.

Supreme Court of Nebraska.

June 22, 1984.


Attorney(s) appearing for the Case

Joseph J. Vance, Omaha, for appellant.

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

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


PER CURIAM.

In his sole assignment of error defendant-appellant, Gerold D. Christiansen, challenges the sufficiency of the evidence to support his conviction of third offense drunk driving. While we reject that assignment and affirm the conviction, we must, on the basis of plain error not assigned, vacate the sentence and reverse and remand the cause for further proceedings.

In the early morning hours of February 13, 1983, an Omaha police officer was driving...

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