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Colo. offense can’t count toward Neb. DUI sentence

OMAHA, Neb. (AP) — A Lincoln man’s Colorado conviction for driving while impaired can’t be used to enhance his Nebraska sentence for drunken driving, the Nebraska Supreme Court said Friday.

The state’s high court ordered a new sentencing hearing for Travis Mitchell, 39, who was sentenced in 2011 to three to five years in prison for a fourth-offense drunken driving conviction.

Lincoln police determined Mitchell was drunk in 2010 when he wrecked his car in Lincoln, and he was convicted the next year. At his April 2011 sentence enhancement hearing, prosecutors presented three previous...

 

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