STATE v. BRUCKNER

No. S-13-164.

842 N.W.2d 597 (2014)

287 Neb. 280

STATE of Nebraska, Appellee, v. Cody M. BRUCKNER, Appellant.

Supreme Court of Nebraska.

Filed January 31, 2014.


Attorney(s) appearing for the Case

John P. Grant , Omaha, of Grant Law Offices, P.C., for appellant.

Jon Bruning , Attorney General, Erin E. Tangeman , George R. Love , Lincoln, and Joel R. Rische , Senior Certified Law Student, for appellee.

Heavican, C.J., Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.


Stephan, J.

Cody M. Bruckner appeals from an order finding him guilty of fourth-offense driving under the influence (DUI), a Class IIIA felony. The principal issue on appeal is whether the trial court erred in holding that the doctrine of collateral estoppel did not bar the use of two prior convictions for the purpose of sentence enhancement. Although our reasoning differs somewhat from that of the district court, we affirm.

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