State v. Beerbohm

Defendant-appellant, Kenneth V. Beerbohm, was charged in the county court with driving while under the influence of alcohol in violation of Neb. Rev. Stat. § 39-669.07 (Cum. Supp. 1986), and with refusing to submit to chemical testing in violation of Neb. Rev. Stat. § 39-669.08(4) (Cum. Supp. 1986). The jury found him not guilty of the first charge, but guilty of refusing to submit to testing. The county court adjudged and sentenced him accordingly, whereupon Beerbohm appealed to the district court, which affirmed the conviction but modified the sentence imposed by the county court. In his…