The Nevada Supreme Court has rejected an appeal by an Illinois man who was convicted in Douglas County of felony driving under the influence.
James Edward Schultz, 48, was sentenced to a maximum of 10 years in prison but petitioned the court seeking a modified and reduced sentence. He argued a prior Illinois conviction should not be counted because the DUI law and sentencing scheme in that state is different from Nevada statute.
Schultz had 19 felony convictions on his record when he was sentenced by District Judge Michael Gibbons in July 2007.
He was arrested April 29 on Highway 50 near Zephyr Cove after a motorist observed him driving in the wrong lane. His blood-alcohol content was .16, twice the legal limit.
At the time, prosecutor MikeMcCormick said Schultz had two felony warrants and five misdemeanor warrants outstanding.
Schultz's lawyer, Tod Young, pointed out that 13 of the felonies stemmed from a single arrest on bad check charges. Four are related to driving under the influence and the rest are theft, battery and a drug charge.
Schultz argued that one of his DUI convictions under the Illinois statute doesn't encompass the same conduct as that prohibited by Nevada law.
Without that conviction, Schultz's case would not have been treated as a felony.
The high court rejected the argument.
"The record reveals that despite the disparity in the sentencing schemes, the Illinois statute Schultz was convicted under prohibits the same conduct prohibited (in Nevada)," the order by Justices Jim Hardesty, Michael Cherry and Nancy Saitta states.
