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STATE v. SCHALL

No. 89-063.

449 N.W.2d 225 (1989)

234 Neb. 101

STATE of Nebraska, Appellant, v. Steven R. SCHALL, Appellee.

Supreme Court of Nebraska.

December 22, 1989.

Attorney(s) appearing for the Case

Larry J. Karel, Colfax County Atty. and Richard T. Seckman, Schuyler, for appellant.

Robert D. Westadt, of Otradovsky, Bieber & Westadt, Schuyler, for appellee.

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

FAHRNBRUCH, Justice.

The State takes exception to a district court ruling that the Colfax County Court erred in not granting probation to the defendant, Steven R. Schall, on a June 8, 1988, charge of third offense operation of a motor vehicle while under the influence of alcoholic liquor.

We sustain the State's exception and remand the cause to the district court for Colfax County with direction to reinstate and affirm the sentence imposed by the county court...

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