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STATE v. JACOBSON

No. 85-392.

379 N.W.2d 772 (1986)

221 Neb. 639

STATE of Nebraska, Appellee, v. Gerald E. JACOBSON, Appellant.

Supreme Court of Nebraska.

January 17, 1986.

Attorney(s) appearing for the Case

John C. Kinney of Ryan & Scoville Law Office, for appellant.

Robert M. Spire, Atty. Gen., and Timothy E. Divis, for appellee.

KRIVOSHA, C.J., BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN and GRANT, JJ., and COLWELL, District Judge, Retired.

HASTINGS, Justice.

This appeal questions which law applies to a criminal sentencing following revocation of probation: the penal statute in effect at the time of the original sentence to a term of probation, or that which is effective at the time of sentencing following the revocation.

On November 18, 1980, following a plea of guilty, defendant was convicted of driving while intoxicated, third offense, a violation...

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