STATE v. ALVAREZ

No. 37435.

177 N.W.2d 591 (1970)

185 Neb. 557

STATE of Nebraska, Appellee, v. Thomas A. ALVAREZ, Appellant.

Supreme Court of Nebraska.

May 22, 1970.


Attorney(s) appearing for the Case

T. Clement Gaughan, Richard L. Goos, A. Michael Alesio, Lincoln, Jack Himmelstein, New York City, Anthony G. Amsterdam, Stanford, Cal., for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ., and HUBKA, District Judge.


McCOWN, Justice.

This is a post conviction proceeding in which the defendant seeks to have his death sentence vacated and to withdraw his plea of guilty. Following a full evidentiary hearing, the trial court determined all issues against the defendant and dismissed the proceeding.

The defendant pleaded guilty to a charge of first degree murder. Two additional counts were dismissed. The county attorney made no recommendation as to the penalty. After a thorough...

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