State v. Phillips

Nebraska Supreme Court

State v. Phillips

322 N.W.2d 447, 212 Neb. 303, 1982 Neb. LEXIS 1206

Nebraska Supreme Court·Decided July 23, 1982·No. No. 82-065·Published·Cited by 2 cases

Opinion

Per Curiam.

This case is controlled by our opinion in State v. Peiffer, ante p. 299, 322 N.W.2d 445 (1982). Defendant-appellant is ordered released from custody when he has served a period of 6 months’ imprisonment; if he has already served such time, he is to be discharged from custody forthwith.

The question as to whether his driving privileges are to be permanently revoked is reserved for later determination.

The parties are directed to file supplemental typewritten briefs on or before August 25, 1982, concerning the constitutional questions presented by the issue as to whether defendant-appellant’s driving privileges are to be permanently revoked.

Affirmed in part as modified, AND IN PART REVERSED.

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Per Curiam.

This case is controlled by our opinion in State v. Peiffer, ante p. 299, 322 N.W.2d 445 (1982). Defendant-appellant is ordered released from custody when he has served a period of 6 months’ imprisonment; if he has already served such time, he is to be discharged from custody forthwith.

The question as to whether his driving privileges are to be permanently revoked is reserved for later determination.

The parties are directed to file supplemental typewritten briefs on or before August 25, 1982, concerning the constitutional questions presented by the issue as to whether defendant-appellant’s driving privileges are to be permanently revoked.

Affirmed in part as modified, AND IN PART REVERSED.

State v. Phillips, 322 N.W.2d 447, 212 Neb. 303, 1982 Neb. LEXIS 1206 (Neb. 1982).

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