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STATE v. SIMS

No. 83-145.

344 N.W.2d 645 (1984)

216 Neb. 569

STATE of Nebraska, Appellee, v. Ernest SIMS, Appellant.

Supreme Court of Nebraska.

February 24, 1984.

Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Linda L. Willard, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

BOSLAUGH, Justice.

This is an appeal in a post conviction proceeding brought pursuant to Neb.Rev. Stat. § 29-3001 (Reissue 1979).

The defendant, Ernest Sims, was convicted in August 1975 of the unlawful possession with intent to deliver heroin and was sentenced to a term of 3 to 10 years' imprisonment. The judgment was affirmed by this court on September 16, 1977.

In this action the defendant seeks post conviction relief to vacate the conviction...

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