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STATE v. NEISS

No. S-99-1361.

619 N.W.2d 222 (2000)

260 Neb. 691

STATE of Nebraska, Appellee, v. Rodney NEISS, Appellant.

Supreme Court of Nebraska.

November 9, 2000.

Attorney(s) appearing for the Case

Bradley E. Nick, of Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy & Nick, Fremont, for appellant.

Don Stenberg, Attorney General, and Scott G. Gunem, Omaha, for appellee.

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

GERRARD, J.

FACTUAL AND PROCEDURAL BACKGROUND

On September 5, 1998, Rodney Neiss was arrested and subsequently charged with driving while under the influence of alcoholic liquor (DUI). The State alleged that Neiss had previously been convicted of DUI on June 10, 1989, and on January 24, 1996; therefore, the State sought enhancement of Neiss' sentence pursuant to Neb.Rev.Stat. § 60-6,196(2)(c) (Supp. 1999). On March 30, 1999, Neiss appeared in the county...

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