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STATE v. SCHULTZ

No. S-96-1029.

566 N.W.2d 739 (1997)

252 Neb. 746

STATE of Nebraska, Appellee, v. George G. SCHULTZ, Appellant.

Supreme Court of Nebraska.

June 27, 1997.

Attorney(s) appearing for the Case

Samuel J. Bethune, Platte County Public Defender, for Appellant.

Don Stenberg, Attorney General, and J. Kirk Brown, Lincoln, for Appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN and McCORMACK, JJ.

CONNOLLY, Justice.

The case before us presents a question of whether the punishment for driving while under the influence of alcohol (DUI), fourth or subsequent offense, is controlled by Neb. Rev.Stat. § 28-106(I) or § 28-107(3) (Reissue 1995). We conclude that because § 28-106(1) is specifically concerned with punishment for DUI, fourth or subsequent offense, it, and not § 28-107(3), sets forth the appropriate punishment limitations for the offense...

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