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STATE v. BOYD

No. S-91-801.

493 N.W.2d 344 (1992)

242 Neb. 144

STATE of Nebraska, Appellee, v. Robert BOYD, Appellant.

Supreme Court of Nebraska.

December 31, 1992.

Attorney(s) appearing for the Case

Daniel J. Thayer, of Lauritsen, Brownell, Brostrom & Stehlik, Grand Island, for appellant.

Don Stenberg, Atty. Gen., and Marilyn B. Hutchinson, Lincoln, for appellee.

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

CAPORALE, Justice.

The defendant-appellant, Robert Boyd, was convicted in the county court of violating Neb.Rev.Stat. § 39-669.08 (Cum.Supp. 1990) by refusing to consent to the chemical testing of his breath for the purpose of determining the presence of alcohol. He was thereafter sentenced to pay a fine of $200, not drive a motor vehicle for a period of 6 months, and spend 30 days in the county jail. The district court affirmed. In this appeal Boyd asserts,...

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