STATE v. LUJANO

No. S-95-1336.

557 N.W.2d 217 (1996)

251 Neb. 256

STATE of Nebraska, Appellee, v. Daniel Richard LUJANO, Appellant.

Supreme Court of Nebraska.

December 6, 1996.


Attorney(s) appearing for the Case

Thomas J. Garvey, Sarpy County Public Defender, and Gregory A. Pivovar, Omaha, for appellant.

Don Stenberg, Attorney General, and Jay C. Hinsley, Lincoln, for appellee.

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


FAHRNBRUCH, Justice.

Daniel Richard Lujano appeals his conviction for driving while under the influence of alcohol. He claims:

(1) The trial court committed plain error by receiving into evidence a stipulation containing a breath test reflecting that Lujano's breath alcohol content was beyond the legal limit to drive, and

(2) on appeal, the district court for Sarpy County erred in affirming the decision...

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