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State v. West4/16/2002
agree.
In addressing the requirements set forth in State v. Linn, this court has stated that in examining the records of prior convictions,
the question is whether the State's evidence is of sufficient probative value to prove earlier convictions. We do not read Linn as holding as a matter of law that to be sufficient as evidence of a prior conviction for enhancement purposes, a judge's signature need appear on the judgment of conviction. State v. Fletcher, 8 Neb. App. 498, 511, 596 N.W.2d 717, 726 (1999).
In State v. Fletcher, the records of the prior convictions consisted of unsigned docket entries and certifications from the clerk of the district court and the judge of the district court. This court found that this evidence showed the prior convictions with satisfactory trustworthiness.
In the instant case, exhibits 34 and 35 contain judges' signed journal entries and certifications by the court clerk magistrate. As in State v. Fletcher, this evidence, along with the record contained in exhibit 36, shows with satisfactory trustworthiness West's prior convictions on at least three prior occasions on charges of DUI. Thus, the State properly met its burden of proving West's current offense to be his fourth.
CONCLUSION
The trial court did not err in receiving the Intoxilyzer test results. There was sufficient evidence to support West's conviction and the sentence imposed. The judgment is affirmed.
Affirmed.
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