State v. Kelly

Almost 2 years after the District Court entered an order denying defendant’s motion for post conviction relief, the defendant filed a motion for an order permitting him to file an appeal out of time. The District Court overruled defendant’s motion to extend the time for appeal and defendant has appealed from that order.

In July 1974, the defendant was found guilty by a jury of the crime of forcible rape and sentenced to 8 to 15 years imprisonment. On direct appeal the conviction was affirmed on April 10, 1975. State v. Kelly, 193 Neb. 494, 227 N. W. 2d 848.

On August 25, 1975, defendant filed a…