Tlamka argues that his attorney should have asserted that the provisions of Neb. Rev. Stat. Neb. Laws, L.B. 309. We address whether Tlamka has proved prejudice in this regard. Under these subsections, the severity of the penalty for a current DUI conviction depends on whether the defendant has prior DUI convictions. Statutory interpretation is a matter of law, in connection with which an appellate court has an obligation to reach an independent, correct conclusion irrespective of the conclusion reached by the courts below.
Penal statutes are to be strictly construed.
It is not for the courts to supply missing words or sentences to make clear that which is indefinite, or to supply that which is not there. Section 28-306 provides its own penalties for the crime of motor vehicle homicide. We note that the Legislature has chosen to enhance the sentence for other crimes by proof of a prior conviction, without limiting the time that such prior convictions may be used. Neb. Rev. Stat. The habitual criminal statute also provides no time limitation for the use of prior convictions.