State v. Mitchell
Annotate this CaseAfter a jury trial, Defendant was found guilty of driving under the influence (DUI), fourth offense. The district court determined that a conviction for driving while ability impaired (DWAI) in Colorado could be used to enhance Defendant's current DUI sentence and sentenced Defendant for three to five years' imprisonment. The court also revoked Defendant's license for fifteen years. The court of appeals affirmed. The Supreme Court reversed, holding that Defendant's DWAI conviction in Colorado could not be used to enhance the penalty for a conviction of DUI in Nebraska. Remanded with directions to vacate Defendant's sentence and to resentence him.
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