S-17-0442) State v. Darwin E. Brown (Appellant)
Lancaster County District Court, Judge Lori Maret
Attorneys: Bradley A. Sipp (Sipp Law Office) — Joseph P. Meyer (Attorney General’s Office)
Criminal: Driving Under the Influence (DUI)
Proceedings Below: The district court determined that a 2003 DWI conviction in Missouri counted as a prior conviction for enhancement purposes and sentenced Brown to consecutive terms of 3 to 5 years’, 3 to 3 years’, and 3 to 3 years’ incarceration for three DUI charges.
Issues: Whether the district court (1) erred by incorrectly finding an exhibit--which failed to adequately demonstrate a prior driving while intoxicated (DWI) conviction in Missouri met the threshold required for a finding of a DUI conviction in Nebraska--was valid for purposes of enhancement and (2) imposed an excessive sentence.