A-13-1105, State of Nebraska v. Elijah Watts (Appellant)
A-13-1136, State of Nebraska v. Elijah Watts (Appellant)
Lancaster County, District Court Judge Paul D. Merritt, Jr. (A-13-1105)
Lancaster County, District Court Judge Jodi L. Nelson (A-13-1136)
Attorney for Appellant: Chad J. Wythers (Berry law Firm)
Attorney for Appellee: Jon Bruning, James D. Smith (Attorney General’s Office)
Criminal Action: Driving under the influence
Action Taken by Trial Court: In A-13-1105, the district court dismissed Watts’ appeal from his 2005 county court conviction for driving under the influence because he failed to request or pay for an appeal transcript. In A-13-1136, the trial court enhanced Watts’ most recent DUI conviction to a third offense, based in part on its finding that the 2005 DUI conviction currently on appeal in A-13-1105 was a valid prior conviction for purposes of enhancement.
Assignments of Error on Appeal: Watts assigns that the district court erred in (1) dismissing his appeal from the 2005 county court conviction, and (2) finding that his 2005 conviction was valid for purposes of enhancement even though it was pending on appeal at the time of the enhancement hearing.