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State v. Trampe9/2/2003
I. INTRODUCTION
Rowland W. Trampe appeals from a Buffalo County District Court order that affirmed his conviction for driving under the influence of alcohol (DUI), second offense. On appeal, Trampe alleges errors in connection with the receipt of test results showing his blood alcohol content and in the enhancement of his sentence based upon a prior conviction. For the reasons set forth herein, we affirm in part, and in part reverse and remand for further proceedings.
II. BACKGROUND
On September 11, 2001, Trampe was charged in the county court for Buffalo County, Nebraska, with DUI as a subsequent offense to an earlier DUI conviction. Trampe was later convicted in a jury trial held on January 7, 2002, and was sentenced on February 14, at which time the State introduced evidence of the prior DUI conviction as exhibit 14. The exhibit consisted of a certificate of transcript from the Buffalo County Court, a copy of a 1996 DUI citation, and a copy of a 1996 conviction and sentence. Trampe was sentenced for a Class W misdemeanor (second offense) to 9 months' probation and ordered not to operate a motor vehicle for a period of 1 year. Trampe was also fined $500 and ordered to serve 10 days in the Buffalo County Detention Center.
Trampe appealed to the district court for Buffalo County and alleged that the trial court erred in (1) receiving the test results of Trampe's blood alcohol concentration over his objection; (2) giving the jury instruction specifically objected to by Trampe; (3) failing to give the jury instructions proposed by Trampe; (4) receiving testimony regarding various field sobriety tests and the interpretation thereof over Trampe's objection; (5) making rulings on the admissibility of evidence (field sobriety test and alcohol concentration test results) as excepted to in the bill of exceptions; (6) determining that the individual testing Trampe's blood complied with 177 Neb. Admin. Code, ch. 1, §§ 005.01, 006.02, and 006.06 (1998); (7) determining that Trampe's DUI charge should be enhanced for sentencing; and (8) receiving documentation (exhibit 14) showing Trampe's prior conviction for DUI.
On June 5, 2002, this matter came before the district court. The evidence presented consisted of the transcript and the bill of exceptions from the county court proceedings, which bill comprised a record of the testimony and exhibits. Thereafter, on the same date, the district court entered an order stating in part that Trampe offered to the Court several different assignments of error arising from his conviction [and that a]t the time of the hearing before this Court [Trampe] essentially abandoned those arguments other than the argument that the trial court err in admitting the tests results of the concentration of alcohol in [Trampe's] blood.
The district court affirmed the decision of the county court. This appeal timely followed.
III. ASSIGNMENTS OF ERROR
Trampe asserts on appeal, restated, that the trial court erred in the receipt of the test results that showed Trampe's blood alcohol concentration because (1) the person drawing Trampe's blood did not comply with the requirements of § 005.01C and was not qualified pursuant to Neb. Rev. Stat. § 60-6,201 (Cum. Supp. 2000) and (2) the person testing Trampe's blood did not comply with § 006.06. Trampe also assigns error to the trial court's enhancement of his sentence.
IV. STANDARD OF REVIEW
Upon appeal from a county court in a criminal case, a district court acts as an intermediate appellate court, rather than as a trial court, and its review is limited to an examination of the county court record for error or abuse of disc
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