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State v. Diaz11/7/2003
had been served. See State v. Bainbridge, supra. Section 60-6,211 allows for the reduction of a lifetime suspension to a period of 15 years. The thrust of both statutes is identical—the commutation of the suspension of a motor vehicle operator's license. Since Bainbridge held that such commutation by the judiciary constitutes the improper use of a power reserved for the executive branch, the county court correctly determined that § 60-6,211 is unconstitutional.
CONCLUSION
Diaz' due process challenge to §§ 60-6,209 and 60-6,211 is not appropriate for appellate review because this issue was not presented to the county court or the district court and was therefore inappropriately raised for the first time upon seeking redress from an appellate court. The county court correctly determined that § 60-6,211 is unconstitutional, and the district court did not err in affirming that determination. The judgment of the district court is affirmed.
Affirmed.
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