STATE v. ROBATCEK

No. 87-079.

416 N.W.2d 565 (1987)

227 Neb. 159

STATE of Nebraska, Appellee, v. Diane L. ROBATCEK, Appellant.

Supreme Court of Nebraska.

December 11, 1987.


Attorney(s) appearing for the Case

Edward F. Fogarty of Fogarty, Lund & Gross, Omaha, for appellant.

Robert M. Spire, Attorney General, and Yvonne E. Gates, Lincoln, for appellee.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and BRODKEY, J., Retired, and COLWELL, District Judge, Retired.


PER CURIAM.

This appeal involves defendant's claimed error that in a DWI enhancement hearing, Neb.Rev.Stat. § 39-669.07(2) (Reissue 1984), the State has not met its burden of proving a prior DWI guilty plea conviction where the transcript of judgment evidence contains only checklist findings that defendant's rights to counsel were explained and she waived counsel, which was not an affirmative showing on the record of such advice and waiver required by Boykin...

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