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STATE v. KANARICK

No. S-98-1082.

598 N.W.2d 430 (1999)

257 Neb. 358

STATE of Nebraska, appellee, v. Joseph J. KANARICK, appellant.

Supreme Court of Nebraska.

July 23, 1999.

Attorney(s) appearing for the Case

David E. Veath, Chadron, for appellant.

Don Stenberg, Attorney General, and Susan J. Gustafson, Lincoln, for appellee.

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

MILLER-LERMAN, J.

NATURE OF CASE

Joseph J. Kanarick was convicted in the county court for Dawes County of refusal to submit to a preliminary breath test and refusal to submit to a chemical test, and was sentenced accordingly. The district court affirmed the convictions and sentences. Kanarick appeals. On appeal, Kanarick claims that Neb.Rev.Stat. § 60-6,197(10) (Cum.Supp.1996) is unconstitutional. We conclude that Kanarick waived any and all facial...

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