State v. Pauley

On April 18, 1966, defendant entered a plea of “guilty” to a charge of attempted burglary. On April 28, 1966, his plea of “guilty” was entered to an habitual criminal charge and defendant was found to be an habitual criminal. On May 5, 1966, he was sentenced to serve 15 years in the Nebraska Penal and Correctional Complex. No appeal was instituted.

Subsequently, defendant filed a motion under the Nebraska Post Conviction Act to set aside and vacate his conviction and sentence. An evidentiary hearing was had on the motion and thereafter, on July 11, 1969, the motion was denied by order of the…