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196 Neb. 835

State v. Boryca

Nebraska Supreme Court

Decided November 3, 1976

Nebraska Supreme Court · decided 1976-11-03

Decided 1976-11-03

Newton, J.

¶1The defendant was charged with a second offense of operating a motor vehicle while under the influence of alcoholic liquor. Following his plea of guilty defendant was sentenced to 10 days in jail, a fine of $300, and his driver’s license was suspended for 1 year. He maintains that the sentence is excessive.

¶2The defendant could have been charged with a third offense on this occasion. His record shows two prior convictions on the same charge and one of driving while his license was suspended. It is apparent that no abuse of discretion occurred and the judgment is affirmed.

¶3Affirmed.

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