Nevada Supreme Court rejects DUI appeal

The Nevada Supreme Court has rejected an appeal by an Illinois man convicted in Douglas County of felony driving under the influence.

James Edward Schultz was sentenced in 2007 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 in that state is different from Nevada statute. He said 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.

Shultz had 19 prior felony convictions, 13 stemming from a single arrest on bad check charges. Four were related to driving under the influence and the rest were theft, battery and a drug charge.

He was arrested in April 2007 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.