State v. Brown

The district court did not err when it used Defendant’s Missouri conviction as a prior conviction to enhance his sentences for his present driving under the influence (DUI) convictions.In each of these separate cases, Defendant pled guilty to three DUI charges. With regard to each conviction, Defendant was found to have had two prior convictions as defined by Neb. Rev. Stat. 60-6,197.02(1)(a). On appeal, Defendant argued that a prior conviction in Missouri should not have been used for purposes of enhancing his sentences. The Supreme Court affirmed, holding (1) the trial court’s use of the Missouri conviction as a prior conviction in these cases was not in error; and (2) the district court did not abuse its discretion in sentencing Defendant in these cases. View "State v. Brown" on Justia Law