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STATE v. LOYD

No. S-02-305.

655 N.W.2d 703 (2003)

265 Neb. 232

STATE of Nebraska, Appellant, v. Michael W. LOYD, Appellee.

Supreme Court of Nebraska.

January 24, 2003.

Attorney(s) appearing for the Case

Paul D. Kratz, Omaha City Attorney, Martin J. Conboy III, Omaha City Prosecutor, and David F. Smalheiser, Omaha, for appellant.

David W. Jorgensen, of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellee.

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

CONNOLLY, J.

The State takes exception under Neb. Rev.Stat. § 29-2319(3) (Reissue 1995) to the district court's order affirming the county court's granting of a motion to quash. The county court determined that the penalty provisions of the Omaha Mun. Code, ch. 36, art. III, § 36-115 (1998), were inconsistent with the penalty provisions of Neb.Rev.Stat. § 60-6,196 (Cum. Supp.2000). We agree that the provisions are inconsistent and overrule the State...

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