STATE v. SUNDLING

No. S-94-1100.

538 N.W.2d 749 (1995)

248 Neb. 732

STATE of Nebraska, Appellee, v. Barton L. SUNDLING, Appellant.

Supreme Court of Nebraska.

October 27, 1995.


Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Susan R. Tast, Lincoln, for appellant.

Don Stenberg, Attorney General, and Mark D. Starr, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.


FAHRNBRUCH, Justice.

Barton L. Sundling, in petitioning this court for further review of his conviction of driving while intoxicated (DUI), third offense, in violation of Neb.Rev.Stat. § 60-6,196 (Reissue 1993), claims that his two prior DUI convictions prosecuted under Neb. Rev.Stat. § 39-669.07 (Cum.Supps.1990 & 1992) cannot be used to enhance the penalty for a DUI conviction under § 60-6,196.

We hold that § 60-6,196 is a continuance...

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