State v. Gilliam

After a jury trial, Defendant was convicted of driving under the influence (DUI). After an enhancement hearing, the district court used Defendant’s conviction from a Missouri court in which Defendant pled guilty to driving while intoxicated to enhance his sentence for DUI. The Supreme Court affirmed the conviction and sentence, holding (1) the district court did not err in denying Defendant’s pretrial motion to suppress evidence, where Defendant’s initial encounter with the police did not implicate the Fourth Amendment; and (2) the district court did not err in using Defendant’s Missouri conviction to enhance his DUI sentence because a suspended imposition of sentence in a previous case qualifies as a prior conviction under Neb. Rev. Stat. 60-6,197.02. View "State v. Gilliam" on Justia Law