State v. Sundling

Barton L. Sundling, in petitioning this court for further review of his conviction of driving while intoxicated (DUI), third offense, in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 1993), claims that his two prior DUI convictions prosecuted under Neb. Rev. Stat. § 39-669.07 (Cum. Supps. 1990 & 1992) cannot be used to enhance the penalty for a DUI conviction under § 60-6,196.

We hold that § 60-6,196 is a continuance and affirmation of the previous statute § 39-669.07. Convictions under § 39-669.07 can be used for the purpose of sentence enhancements under § 60-6,196.

Therefore, we affirm…