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STATE v. MARCOTTE

No. 88-1052.

446 N.W.2d 228 (1989)

233 Neb. 533

STATE of Nebraska, Appellee, v. Robert D. MARCOTTE, Jr., Appellant.

Supreme Court of Nebraska.

September 29, 1989.

Attorney(s) appearing for the Case

Gregory J. Benak, of Hotz, Kizer & Weaver, P.C., Omaha, for appellant.

Robert M. Spire, Atty. Gen., Gary P. Bucchino, Omaha City Prosecutor, and J. Michael Tesar, Omaha, for appellee.

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

FAHRNBRUCH, Justice.

Complaining that evidence should have been suppressed because he was illegally arrested and that he was justified in refusing to submit to a breath test, Robert D. Marcotte, Jr., asks this court to set aside his convictions for refusing to provide a breath test and for third-offense driving while under the influence of alcoholic liquor. We reject Marcotte's contentions and affirm.

The defendant was originally convicted of the two offenses...

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