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ZELENY v. STATE

No. S-16-953.

904 N.W.2d 10 (2017)

298 Neb. 244

James R. ZELENY, appellant, v. STATE of Nebrska, appellee.

Supreme Court of Nebraska.

Filed December 1, 2017.

Attorney(s) appearing for the Case

Chad J. Wythers , of Berry Law Firm, Lincoln, for appellant.

Douglas J. Peterson , Attorney General, and Austin N. Relph , Lincoln, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

INTRODUCTION

James R. Zeleny's petition for a writ of prohibition was denied. He appeals. We affirm.

FACTUAL BACKGROUND

Zeleny was charged by information in the county court with operating a motor vehicle "while under the influence of alcoholic liquor or ... when he had a concentration of eight-hundredths...

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