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State v. Turner5/17/2002
ich the person may be charged." We recently held that under the current version of § 60-6,197(10), a defendant need not be advised of any additional consequences of a refusal to submit to a chemical test. Davis v. Wimes, ante p. 504, 641 N.W.2d 37 (2002).
Under § 60-6,197(10), Osterhoudt was required to advise Turner only that a refusal to submit to a chemical test was a separate crime for which Turner could be charged. That is exactly what Turner was advised of. The advisement was adequate, and Turner was not denied due process.
Turner next argues that § 60-6,197(10) is vague and overbroad. Turner, however, did not specifically present this issue in his pleading to the county or district courts. Additionally, both courts considered only issues of due process raised by Turner.
A constitutional issue that has not been presented to or passed upon by the trial court is not appropriate for consideration on appeal. State v. Bainbridge, 249 Neb. 260, 543 N.W.2d 154 (1996). Because the trial court did not pass on the issue of the facial validity of § 60-6,197, we do not address the issue on appeal.
Finally, Turner raises several additional assignments of error. We have reviewed the remaining assignments of error and determine that they are without merit. Accordingly, we affirm.
Affirmed.
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