STATE v. PAULEY

No. 37454.

176 N.W.2d 687 (1970)

185 Neb. 478

STATE of Nebraska, Appellee, v. Franklin Duane PAULEY, Appellant.

Supreme Court of Nebraska.

April 24, 1970.


Attorney(s) appearing for the Case

Franklin Duane Pauley, pro se.

Clarence A. H. Meyer, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


NEWTON, Justice.

On April 18, 1966, defendant entered a plea of "guilty" to a charge of attempted burglary. On April 28, 1966, his plea of "guilty" was entered to an habitual criminal charge and defendant was found to be an habitual criminal. On May 5, 1966, he was sentenced to serve 15 years in the Nebraska Penal and Correctional Complex. No appeal was instituted.

Subsequently, defendant filed a motion under the Nebraska Post Conviction Act to set aside and...

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