S-10-0938 and S-10-0939 (consolidated cases) State v. Roberto P. Garcia (Appellant)
Douglas County, Judge W. Russell Bowie III
Attorneys: Peder C. Bartling (Appellant) --- Nathan A. Liss (Attorney General’s Office)
Criminal: Plea: Driving Under the Influence, BAC greater than .15
Proceedings below: Appellant entered no contest pleas to the two charges of DUI, 5th Offense with BAC greater than .15. The trial court found Appellant guilty and sentenced him 5 to 6 years in prison on the first charge with a consecutive sentence of 5 to 5 years in prison. His license was revoked for 15 years. The Court of Appeals vacated the sentences and remanded the cause with directions in memorandum opinion. (Filed July 27, 2011, modified on December 27, 2011). Appellee petitioned the Supreme Court for Further Review which was granted.
Issues on Review: The Court of Appeals erred in (1) using the plain error doctrine to circumvent the Nebraska Supreme Court’s decision in State v. Bundy, 181 Neb. 160 (1966); finding, as a matter of plain error, that Garcia’s prior convictions were improperly admitted for enhancement purposes; (3) finding, as a matter of plain error, that Garcia’s prior convictions were not sufficient evidence of prior convictions; (4) applying the wrong standard for reviewing the sufficiency of a prior conviction.