State v. Robatcek

Nebraska Supreme Court

State v. Robatcek

416 N.W.2d 565, 227 Neb. 159, 1987 Neb. LEXIS 1108

CourtNebraska Supreme Court

DecidedDecember 11, 1987

DocketNo. 87-079

StatusPublished

This text of 416 N.W.2d 565 (State v. Robatcek) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Robatcek, 416 N.W.2d 565, 227 Neb. 159, 1987 Neb. LEXIS 1108 (Neb. 1987).

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Opinion

Per Curiam.

This appeal involves defendant’s claimed error that in a DWI enhancement hearing, Neb. Rev. Stat. § 39-669.07(2) (Reissue 1984), the State has not met its burden of proving a prior DWI guilty plea conviction where the transcript of judgment evidence contains only checklist findings that defendant’s rights to counsel were explained and she waived counsel, which was not an affirmative showing on the record of such advice and waiver required by Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274 (1969).

We have reviewed the record and find that the evidence on enhancement complies with our prior decisions in State v. Foster, 224 Neb. 267, 398 N.W.2d 101 (1986), State v. Schaf, 218 Neb. 437, 355 N.W.2d 793 (1984), and State v. Baxter, 218 Neb. 414, 355 N.W.2d 514 (1984).

Affirmed.

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Per Curiam.

This appeal involves defendant’s claimed error that in a DWI enhancement hearing, Neb. Rev. Stat. § 39-669.07(2) (Reissue 1984), the State has not met its burden of proving a prior DWI guilty plea conviction where the transcript of judgment evidence contains only checklist findings that defendant’s rights to counsel were explained and she waived counsel, which was not an affirmative showing on the record of such advice and waiver required by Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274 (1969).

We have reviewed the record and find that the evidence on enhancement complies with our prior decisions in State v. Foster, 224 Neb. 267, 398 N.W.2d 101 (1986), State v. Schaf, 218 Neb. 437, 355 N.W.2d 793 (1984), and State v. Baxter, 218 Neb. 414, 355 N.W.2d 514 (1984).

Affirmed.

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Bluebook (online)

416 N.W.2d 565, 227 Neb. 159, 1987 Neb. LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robatcek-neb-1987.

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