State v. Wiley

Randy R. Wiley, defendant herein, appeals from an order entered by the district court for Dakota County denying his request for postconviction relief. Wiley pled guilty to assault in the first degree, a Class III felony, in violation of Neb. Rev. Stat. § 28-308 (Reissue 1985), and was sentenced to an indeterminate term of incarceration of not less than 5 nor more than 15 years. Wiley’s conviction and sentence were affirmed on direct appeal. State v. Wiley, 225 Neb. 55, 402 N.W.2d 311 (1987).

On May 26, 1987, the district court held an evidentiary hearing on the defendant’s motion to vacate and…