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State v. Minnick

Court of Appeals of Nebraska

May 19, 2015

STATE OF NEBRASKA, APPELLEE,
v.
DAVID H. MINNICK, APPELLANT

Page 118

Appeal from the District Court for Madison County: JAMES G. KUBE, Judge.

Christopher P. Bellmore, Chief Deputy Madison County Public Defender, for appellant.

Jon Bruning, Attorney General, and George R. Love for appellee.

MOORE, Chief Judge, and RIEDMANN and BISHOP, Judges.

OPINION

Page 119

[22 Neb.App. 908] Riedmann, Judge.

INTRODUCTION

David H. Minnick appeals his plea-based conviction and sentence for fourth-offense driving under the influence (DUI). On appeal, he argues that the district court improperly imposed a subsequent sentence because his original sentence was only partially invalid. We find no merit to his argument and therefore affirm.

BACKGROUND

Minnick was initially charged with aggravated fourth-offense DUI. Pursuant to a plea agreement, the information was amended to remove the enhancement and Minnick pleaded guilty to fourth-offense DUI, a Class IIIA felony. The factual basis for the charge provided by the State indicated that [22 Neb.App. 909] Norfolk police officers found Minnick in a running vehicle on a public street or highway in Madison County, Nebraska, and that when a blood test was taken, Minnick's blood alcohol content was found to be in excess of the legal limit. The district court accepted the plea and found Minnick guilty.

Minnick was initially sentenced " to a term of not less than, nor more than, 180 days' incarceration [in an institution] under the jurisdiction of the Nebraska Department of Corrections." He was given credit for 10 days previously served. The district court further ordered that Minnick be allowed to participate in any alcohol and drug treatment program made available through the Department of Correctional Services.

A few hours after he was originally sentenced, Minnick was brought back before the court. The district court informed him that

evidently the sentence that I gave was 180 days down at the Department of Corrections with treatment. I can't sentence you to 180 days down at the Department of Corrections, at least it's questionable whether I ...

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