S-21-0343, State (Appellee) v. Miller (Appellant)

Appeal from the District Court of Lancaster County, Judge Lori Maret

Attorneys:  Todd Molvar (Lancaster County Public Defender) for Appellant and Nathan A. Liss, (Attorney General’s Office) for Appellee

Criminal: DUI ≥ .15 (three prior convictions)

Proceedings Below: Appellant moved to suppress the results of his blood testing, which was overruled. Appellant was then convicted of DUI in excess of .15 BAC (three prior convictions) and driving during revocation (subsequent offense).  Appellant was sentenced to six (6) to eight (8) years’ imprisonment and a 15-year license revocation.

Issues on Appeal: Whether the district court erred in (1) overruling Appellant’s motion to suppress the results of his blood draw; (2) finding Appellant’s statements were made freely and voluntarily and by admitting only a portion of his statements; (3) finding that the evidence was sufficient to sustain his convictions because the State failed to prove he was operating or was in actual physical control of a motor vehicle; and (4) sentencing him to an excessive sentence.