The Nebraska Supreme Court says a Lincoln man's Colorado conviction for driving while buzzed can't be used to enhance his Nebraska sentence for drunken driving.
OMAHA, Neb. (AP) - The Nebraska Supreme Court says a Lincoln man's Colorado conviction for driving while buzzed can't be used to enhance his Nebraska sentence for drunken driving.
On Friday, the state's high court ordered a new sentencing hearing for Travis Mitchell, who was sentenced in 2011 to three to five years in prison for a fourth-offense drunken driving conviction.
Lincoln police determined Mitchell was drunk in 2010 when he wrecked his car in Lincoln. At his April 2011 sentencing enhancement hearing, prosecutors listed three previous convictions: two Nebraska DUIs and driving while ability impaired in Colorado.
Mitchell appealed, saying the Colorado offense - which cites those driving with blood alcohol levels between .05 and .08 - is not comparable to Nebraska's DUI law, which cites drivers with a level .08 or higher.
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