State v. Whiteley

This is an appeal by defendant, Mitchell Whiteley, from his jury convictions of burglary, under Neb. Rev. Stat. § 28-507(1) (Reissue 1989), and possession of burglary tools, under Neb. Rev. Stat. § 28-508(1) (Reissue 1989). After trial, defendant filed a pro se motion for a new trial. Among other allegations in the motion, defendant alleged that his counsel at trial provided ineffective assistance. At the hearing, defendant’s counsel was allowed to withdraw, and the motion for a new trial was overruled. New counsel was appointed to represent defendant for sentencing and for any possible…