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STATE v. HOWARD

No. S-96-741.

571 N.W.2d 308 (1997)

253 Neb. 523

STATE of Nebraska, Appellee, v. James Michael HOWARD, Appellant.

Supreme Court of Nebraska.

December 12, 1997.

Attorney(s) appearing for the Case

Casey J. Quinn, of Quinn & Wright, Omaha, for appellant.

Don Stenberg, Attorney General, and David T. Bydalek, Lincoln, for appellee.

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

CAPORALE, Justice.

I. STATEMENT OF CASE

Pursuant to verdict, the county court adjudged the defendant-appellant, James Michael Howard, guilty of refusal to submit to a preliminary breath test and of second-offense driving under the influence of alcohol, both in violation of Neb.Rev.Stat. § 60-6,197 (Reissue 1993), and of reckless driving, in violation of Neb.Rev.Stat. § 60-6,213 (Reissue 1993). The district court affirmed. The Nebraska Court of...

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