State v. Smith

This is a post conviction action to vacate and set aside defendant’s sentence and conviction for first degree murder. Defendant pled guilty and was sentenced to life imprisonment. The trial court appointed counsel, granted defendant a hearing, and decided the case on its merits.

This, however, is a second motion for post conviction relief on behalf of the defendant. In State v. Reichel, 187 Neb. 464, 191 N. W. 2d 826, we held: “After a first motion for post conviction relief has been judicially determined, any subsequent motion for post conviction relief from the same conviction and sentence…