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STATE v. RISTAU

No. S-93-020.

511 N.W.2d 83 (1994)

245 Neb. 52

STATE of Nebraska, Appellee, v. Scott A. RISTAU, Appellant.

Supreme Court of Nebraska.

January 28, 1994.

Attorney(s) appearing for the Case

Martin G. Cahill, Dakota County Public Defender, for appellant.

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

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

FAHRNBRUCH, Justice.

Because the record fails to show he had counsel, or waived counsel, during a prior conviction for driving while under the influence of alcohol, Scott A. Ristau claims his sentence for second-offense driving while under the influence of alcohol is invalid.

We vacate the second-offense sentence and remand the cause to the district court for Dakota County with direction to remand it to the Dakota County Court with direction to resentence...

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