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STATE v. GARCIA

No. S-10-231.

792 N.W.2d 882 (2011)

281 Neb. 1

STATE of Nebraska, appellee, v. Leopoldo J. GARCIA, appellant.

Supreme Court of Nebraska.

January 21, 2011.

Attorney(s) appearing for the Case

Dennis R. Keefe , Lancaster County Public Defender, and John C. Jorgensen for appellant.

Jon Bruning , Attorney General, and Nathan A. Liss for appellee.

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

McCORMACK, J.

I. NATURE OF CASE

Leopoldo J. Garcia appeals his conviction of driving under the influence (DUI), third offense, with a breath alcohol concentration of .15 or greater, in violation of Neb.Rev.Stat. § 60-6,197.03(6) (Supp. 2007). The police officer who conducted the stop had observed Garcia driving erratically in a car dealership lot after business hours and then colliding with a pole before quickly driving onto a public highway and leaving...

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