State v. Blankenfeld

I cannot agree with the majority’s resolution of the variance issue in this case.

The two statutes at issue, Neb. Rev. Stat. §§ 39-669.07 and 39-669.08 (Reissue 1984), relate to two separate and distinct offenses. See State v. Stabler, 209 Neb. 298, 306 N.W.2d 925 (1981). (Although this court in Stabler dealt with these statutes as they appeared in the reissue of 1978, prior to major legislative revisions in 1982, the premise that these statutes “create separate and distinct offenses” is equally applicable today.) Clearly, § 39-669.07 relates to the crime and penalties for driving under the…