Opinion No. (1986)

REQUESTED BY: Charles Kandt, County Attorney, Lincoln County, Nebraska. For enhancement purposes under State v. Soe, 219 Neb. 797 N.W.2d (1985) and other case law does the record of the prior conviction have to show that the guilty plea was found to be "knowingly, voluntarily, and intelligently" made even if the record shows that the defendant was represented by counsel?

Current case law interpretation indicates that the record of a prior conviction in an enhancement hearing for driving while intoxicated under Neb.Rev.Stat. 39.669.07 (Reissue 1984), in order to be valid, would only have to…