S-13-0317, State v. Yai Bol a/k/a Daniel D. Matit (Appellant)
Lancaster County District Court, Judge Paul D. Merritt, Jr.
Attorneys: Elizabeth Elliott (Public Defender’s Office) --- George R. Love (Attorney General’s Office)
Criminal: DUI, .15 or above, 4th Offense with refusal of chemical test; driving during revocation
Proceedings below: A jury found Appellant guilty of DUI, .15 or more with refusal of a chemical test and driving during revocation. After an enhancement hearing, the court found a 3rd offense. A nunc pro tunc order was entered finding a 4th offense. He was sentenced to 2-3 years imprisonment for Count I and six months imprisonment for Count II to run concurrently.
Issues: The district court erred in (1) failing to grant Appellant’s motion to suppress evidence; (2) granting the State’s motion to reopen its case after resting; (3) finding sufficient evidence to sustain a conviction for DUI, .15 or above (4) finding Exhibits 29 and 30 were valid prior convictions; (5) issuing the order nunc pro tunc changing the number of prior convictions from two to three; (6) imposing an excessive sentence.