State v. Svoboda

The defendant filed a motion for post conviction relief in each of three original criminal proceedings. The District Court found that the issues raised in defendant’s post conviction motions had been raised previously on direct appeal and denied the motions without an evidentiary hearing. The motions were considered together below and the cases have been consolidated for this appeal.

On September 24, 1974, a trial of the defendant on two counts of burglary was commenced before a jury. The jury was selected and the State proceeded with the presentation of evidence. On the next day there was a…