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STATE v. KESS

Nos. A-99-1064, A-99-1065.

613 N.W.2d 20 (2000)

9 Neb. App. 353

STATE of Nebraska, appellee, v. Richard L. KESS, appellant.

Court of Appeals of Nebraska.

June 13, 2000.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Paul E. Cooney, Grand Island, for appellant.

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

SIEVERS, INBODY, and CARLSON, Judges.

CARLSON, Judge.

INTRODUCTION

Richard L. Kess appeals from two separate orders of the Lancaster County District Court, finding Kess guilty of second-offense driving under the influence (DUI) and fourth-offense DUI. For the reasons set forth below, we affirm.

BACKGROUND

The instant case arises out of Kess' fourth and fifth DUI offenses. The State originally charged Kess with fourth-offense DUI, a Class IV felony, arising out of an incident...

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