S-24-0697 State of Nebraska (Appellee) v. Cristian E. Molina (Appellant)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Lancaster County, Judge Susan I. Strong on appeal from the County Court for Lancaster County, Judge Thomas E. Zimmerman
Attorneys: Matt Catlett. (Law Office of Matt Catlett for Appellant) and Jacob M. Waggoner (Asst. Attorney General for Appellee)
Criminal: Third offense driving under the influence (DUI)
Proceedings Below: Appellant entered a plea to DUI (third offense), and he was sentenced to thirty-six (36) months of probation, which included a thirty (30) day jail term and a $1,000 fine. The district court affirmed the county court’s judgment and sentence, and on further appeal to the Nebraska Court of Appeals, it affirmed. See State v. Molina, A-24-697 (March 25, 2025). Appellant petitioned for further review, which the Nebraska Supreme Court granted and ordered that this case be transferred to its docket.
Issues: In his petition for further review, Appellant assigns the following errors: 1) The Court of Appeals erred in determining that Appellant failed to assign error in the district court to the excessiveness of his sentence; 2) The Court of Appeals erred in determining that Appellant invited the error of the county court in enhancing his DUI conviction to a third offense without evidence of prior convictions; and 3) The Court of Appeals erred in determining that the district court did not err in affirming the county court’s imposition of a five-year period of license revocation.