State v. LeibelAnnotate this Case
Defendant was convicted of the felony offense of driving with a revoked license in violation of Neb. Rev. Stat. 60-6,197.06(1). The court sentenced Defendant to ninety days' jail time and a fifteen-year license revocation. Defendant appealed, arguing (1) in State v. Hernandez, the Supreme Court held that section 60-6,197.06(1) was ambiguous and that ignition interlock device violations fall under a different misdemeanor statute; (2) his Department of Motor Vehicles record and documents, and the statements certifying their authenticity, were inadmissible hearsay that violated his right to confrontation; and (3) his sentence was excessive. The Supreme Court affirmed, holding that the district court did not err in (1) failing to apply the reasoning of Hernandez, as Defendant's conduct was distinguishable from the conduct of the defendant in Hernandez; (2) admitting the disputed documents, as any error on this issue was undoubtedly harmless; and (3) imposing the sentence of ninety days' jail time.