Nesius v. State
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The Supreme Court affirmed Defendant's conviction for driving under the influence (DUI) causing serious bodily injury but remanded for issuance of a corrected sentencing order, holding that Defendant's 211-day sentence on Count V, fleeing or attempting to elude police officers was illegal because it exceeded the statutory maximum and that the district court's written sentence failed to conform to its oral pronouncement with respect to credit for time served.
Specifically, the Court held (1) the evidence was sufficient for the jury to convict Defendant of DUI causing serious bodily injury; and (2) Defendant's sentence for fleeing or attempting to elude police officers was illegal because it clearly exceeded the statutory maximum, and the district court's written sentence failed clearly to conform to its oral pronouncement and the law with respect to credit for time served.
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