Statutes: Judgments: Appeal and Error. The meaning of a
statute is a question of law, on which an appellate court has
an obligation to reach an independent conclusion irrespective
of the decision made by the court below.
Sentences: Appeal and Error. A sentence imposed within
statutory limits will not be disturbed on appeal absent an
abuse of discretion by the trial court.
An abuse of discretion in imposing a sentence occurs when a
sentencing court's reasons or rulings are clearly
untenable and unfairly deprive the litigant of a substantial
right and a just result.
Sentences. The appropriateness of a sentence is necessarily a
subjective judgment and includes the sentencing judge's
observation of the defendant's demeanor and attitude and
all the facts and circumstances surrounding the
In determining a sentence to be imposed, relevant factors
customarily considered and applied are the defendant's
(1) age, (2) mentality, (3) education and experience, (4)
social and cultural background, (5) past criminal record or
record of law-abiding conduct, and (6) motivation for the
offense, as well as (7) the nature of the offense and (8) the
amount of violence involved in the commission of the crime.
Appeals from the District Court for Lancaster County: Lori A.
Maret, Judge. Affirmed.
Nigro, Lancaster County Public Defender, Bradley A. Sipp,
and, on brief, Jennifer M. Houlden for appellant.
Douglas J. Peterson, Attorney General, and Joe Meyer for
Neb. 58] HEAVICAN, C.J., MILLER-LERMAN, CASSEL, STACY, AND
FUNKE, JJ., AND HARDER AND NOAKES, DISTRICT JUDGES.
Nos. S-17-442 through S-17-444 have been consolidated before
us on appeal. In each of these three appeals, Darwin E. Brown
appeals his conviction and sentence in the district court for
Lancaster County for driving under the influence. With regard
to each conviction, Brown was found to have had two prior
convictions as defined by Neb. Rev. Stat. § 60-6,
197.02(1)(a) (Cum. Supp. 2016). Brown claims, inter alia,
that a prior conviction in Missouri should not have been used
for purposes of enhancing his sentences for these
convictions. Because we conclude that the Missouri conviction
was valid for use as a prior conviction in each of these
cases, we affirm Brown's convictions and sentences.
of these three cases, the State filed an information against
Brown in the district court for Lancaster County alleging
that he committed the crime of driving under the influence
(hereinafter DUI) in violation of Neb. Rev. Stat. §
60-6, 196 (Reissue 2010). The dates of the charged offenses
were July 19, 2015, and January 16 and May 6, 2016. The State
also alleged in each information that at the time of the
offense, Brown had a breath alcohol concentration of .15
grams or above of alcohol per 210 liters of breath. The State
further alleged in each information that at the time of the
offense, Brown had two prior convictions as ...