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STATE v. ROLF

No. 84-795.

367 N.W.2d 715 (1985)

219 Neb. 917

STATE of Nebraska, Appellee, v. Dennis M. ROLF, Appellant.

Supreme Court of Nebraska.

May 10, 1985.

Attorney(s) appearing for the Case

Vincent P. Sutera of Sutera & Sutera, Papillion, for appellant.

A. Eugene Crump, Deputy Atty. Gen., and Jill Gradwohl, Lincoln, for appellee.

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

WHITE, Justice.

The issue presented to the court in this appeal is whether the due process rights of a person charged with operation of a motor vehicle while intoxicated are violated when the breath sample of the defendant is not preserved for examination by the defendant and presentation at trial.

While this matter was pending, this court ruled on that issue in State v. Vernon, 218 Neb. 539, 541-42,

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