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STATE v. FEILING

No. S-97-1342.

585 N.W.2d 456 (1998)

255 Neb. 427

STATE of Nebraska, Appellee, v. Ed D. FEILING, Appellant.

Supreme Court of Nebraska.

October 23, 1998.

Attorney(s) appearing for the Case

William G. Line, Fremont, for appellant.

Don Stenberg, Attorney General, Martin W. Swanson, Lincoln, and, on brief, Jay C. Hinsley for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, Justice.

The appellant, Ed D. Feiling, was charged with driving under the influence of alcohol (DUI) pursuant to Neb.Rev.Stat. § 60-6,196 (Reissue 1993). Section 60-6,196(8) states that a person convicted of DUI "shall, during a presentence evaluation, submit to and participate in an alcohol assessment." Section 60-6,196(8) then provides that the sentencing judge may order the person to follow through on the assessment results "in lieu of or in addition...

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