State v. Adams

Troy Adams’ district court jury conviction for proximately causing serious bodily injury to Fred Schwartz while Adams was driving (1) under the influence of alcohol or (2) while he had an illegal concentration of alcohol in his body was reversed by the Nebraska Court of Appeals and remanded for a new trial because of what the Court of Appeals found to be an erroneous jury instruction. After his conviction, Adams was sentenced to prison for not less than 58 nor more than 60 months.

The State of Nebraska petitioned for further review by this court, which we granted.

We not only find that the…