State v. Pierce

This is an appeal from an order of the district court granting the defendant’s motion for post conviction relief. The district court also vacated the conviction and sentence of defendant as an habitual criminal and returned him to the district court for resentencing.

This is the second appearance of this case before this court. In State v. Pierce, 204 Neb. 438, 283 N.W.2d 6 (1979), this court affirmed the defendant’s conviction for the unlawful delivery of amphetamines, and affirmed the finding that Timothy Pierce was an habitual criminal within the meaning of Neb. Rev. Stat. § 29-2221…