STATE v. GRIZZLE

No. A-09-327.

774 N.W.2d 634 (2009)

18 Neb. App. 48

STATE of Nebraska, appellee, v. Nicholas R. GRIZZLE, appellant.

Court of Appeals of Nebraska.

September 29, 2009.


Attorney(s) appearing for the Case

Julie E. Bear, of Reinsch, Slattery & Bear, P.C., L.L.O., Plattsmouth, for appellant.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

SIEVERS, CARLSON, and CASSEL, Judges.


CASSEL, Judge.

INTRODUCTION

Nicholas R. Grizzle pled guilty to refusal to submit to a chemical test and then filed a plea in bar alleging a double jeopardy violation because the same information charged him both with refusal to submit and with driving while under the influence of alcohol (DUI), third offense, which the State alleged should be enhanced for punishment as a Class IIIA felony based on his refusal to submit. The district court overruled Grizzle...

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