State v. Grutell
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The Supreme Court affirmed Defendant's conviction for driving under the influence of alcohol (DUI), fourth offense, holding that there was no plain error in how either the trial court of the court of appeals addressed Neb. Rev. Stat. 60-6,108(1).
On appeal, Defendant argued that the district court plainly erred by failing to address the provisions of section 60-6,108,(1), which provides that Nebraska's DUI statutes "shall apply upon highways and anywhere through the state except private property which is not open to public access." The court of appeals affirmed, finding no plain error. The Supreme Court affirmed, holding that the exception set out in section 60-6,108(1) is not a material element of the crime of DUI such that the State must always disprove the exception in order to prove the crime of DUI.
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