STATE v. HARTON

No. 88-446.

430 N.W.2d 313 (1988)

230 Neb. 167

STATE of Nebraska, Appellee, v. Doug Anthony HARTON, Appellant.

Supreme Court of Nebraska.

October 14, 1988.


Attorney(s) appearing for the Case

Craig D. Wittstruck of Berry, Anderson, Creager & Wittstruck, P.C., Lincoln, for appellant.

Robert M. Spire, Atty. Gen., and Lynne R. Fritz, Lincoln, for appellee.

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


CAPORALE, Justice.

Defendant-appellant, Doug Anthony Harton, pursuant to his plea, was adjudged guilty of second degree murder in violation of Neb.Rev.Stat. § 28-304 (Reissue 1985), and was thereafter sentenced to imprisonment for a period of 35 years. More than 5 years later, he moved for vacation of the judgment and sentence under the provisions of the Postconviction Act, Neb.Rev. Stat. §§ 29-3001 et seq. (Reissue 1985). Following an evidentiary hearing...

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