S-23-0168 State of Nebraska (Appellee) v. Clay Y. Bixby (Appellant)
Appeal from District Court for Grant County, Judge Travis P. O’Gorman
Attorneys: Bell Island (Island Law Office, PC, LLO for Appellant) and Melissa R. Vincent (Asst. Attorney General for Appellee).
Criminal: Enhancement to Third Offense Driving Under the Influence
Proceedings below: A jury convicted Appellant of Driving Under the Influence, and the district court enhanced that conviction to Third Offense Driving Under the Influence. The district court placed Appellant on eighteen (18) months of probation, which included a two-year license revocation and thirty (30) days in jail.
Issues: Appellant makes the following assignments of error: 1) The District Court erred in enhancing Mr. Bixby’s Driving Under the Influence Conviction: a) The court erred in finding the state proved the prior convictions were within 15 years of the date of offense; b) The court erred in finding Mr. Bixby’s South Dakota conviction was the same as a conviction under Neb. Rev. Stat. §60-6,196; and c) The court erred in failing to refuse to consider the South Dakota Conviction due to mitigating factors