District Court for Stanton County, Judge Mark Johnson
Attorney for Appellant: Nathan S. Lab (McGoughLaw P.C., L.L.O.)
Attorney for Appellee: Nathan A. Liss & Erin E. Tangeman (Nebraska Attorney General’s Office)
Criminal Action: Driving Under the Influence, Fourth Offense
Action Taken by Trial Court: After a jury trial, Grutell was convicted with driving under the influence, fourth offense. The court sentenced Grutell to imprisonment for an indeterminate term of not less than 18 months nor more than 36 months. The court revoked his driver’s license for 15 years and ordered him not to drive for the same period. The court ordered that Grutell would be eligible for an ignition interlock permit 45 days after his release from incarceration.
Assignments of Error: Grutell assigns, restated and reordered, that the district court erred in (1) holding that the State had no obligation to show that Grutell’s operation of a motor vehicle while intoxicated occurred on a public roadway or private property open to public access under § 60-6,108, (2) providing jury instructions that were an incorrect statement of the law, and (3) imposing an excessive sentence. Grutell also assigns, through different appellate counsel, that he received ineffective assistance from his trial counsel.