STATE v. CLAUSSEN

No. S-07-1141.

756 N.W.2d 163 (2008)

276 Neb. 630

STATE of Nebraska, Appellee, v. Randy L. CLAUSSEN, Appellant.

Supreme Court of Nebraska.

October 3, 2008.


Attorney(s) appearing for the Case

Thomas J. Garvey, Bellevue, for appellant.

Jon Bruning, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

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


STEPHAN, J.

This appeal requires an examination of the proof required to establish the offense of operating a motor vehicle in an effort to avoid arrest for a felony. We conclude that the fact that a defendant is never formally charged with the offense for which an arrest is attempted does not bar the prosecution.

BACKGROUND

In two separate prosecutions in the district court for Douglas County, Randy L. Claussen entered pleas of no contest and was...

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