STATE v. HERNANDEZ

No. S-11-414.

809 N.W.2d 279 (2012)

283 Neb. 423

STATE of Nebraska, appellant, v. Oscar HERNANDEZ, appellee.

Supreme Court of Nebraska.

March 2, 2012.


Attorney(s) appearing for the Case

Joe Kelly , Lancaster County Attorney, and Daniel Packard for appellant.

Heidi M. Hayes , of Morrow, Poppe, Watermeier & Lonowski, P.C., L.L.O., for appellee.

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


CONNOLLY, J.

The district court for Lancaster County acquitted Oscar Hernandez of driving during revocation under Neb.Rev.Stat. § 60-6,197.06 (Reissue 2010), concluding that the statute did not apply to Hernandez' conduct. The State concedes that double jeopardy would bar a subsequent trial. Nevertheless, the State appeals under Neb.Rev.Stat. § 29-2315.01 (Reissue 2008) and asks this court to provide an exposition of the law for future cases. Because we...

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