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Legal Opinion

State v. Ristau

Nebraska Supreme Court

Decided January 28, 1994No. S-93-020PublishedCited by 19 opinions

1Opinion of the CourtFahrnbruch, J.

Because the record fails to show he had counsel, or waived counsel, during a prior conviction for driving while under the influence of alcohol, Scott A. Ristau claims his sentence for second-offense driving while under the influence of alcohol is invalid.

We vacate the second-offense sentence and remand the cause to the district court for Dakota County with direction to remand it to the Dakota County Court with direction to resentence Ristau in accordance with the law.

FACTS

On September 29, 1992, pursuant to a plea agreement, Ristau pled guilty to (1) driving under the influence of alcohol,…

2Cases cited16 opinions

  1. Baldasar v. IllinoisSupreme Court of the United States · 1980
  2. Garner v. LouisianaSupreme Court of the United States · 1961
  3. State v. MyersNebraska Supreme Court · 1994
  4. State v. SmithNebraska Supreme Court · 1983
  5. State v. ZiembaNebraska Supreme Court · 1984

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Gorton v. Hostak, Henzl & Bichler, S.C.Wisconsin Supreme Court · 1998
  2. State v. ThomasNebraska Supreme Court · 2002
  3. State v. OrdunaNebraska Supreme Court · 1996
  4. State v. NelsonNebraska Supreme Court · 2001
  5. State v. VannNebraska Supreme Court · 2020

14 more not listed; retrieve them via the Exa API.

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