State v. Schall

The State takes exception to a district court ruling that the Colfax County Court erred in not granting probation to the defendant, Steven R. Schall, on a June 8,1988, charge of third offense operation of a motor vehicle while under the influence of alcoholic liquor.

We sustain the State’s exception and remand the cause to the district court for Colfax County with direction to reinstate and affirm the sentence imposed by the county court.

After Schall’s conviction for third offense drunk driving, the county court denied his request for probation and sentenced him to the maximum penalty of 6…