State v. LaPlante

Colwell, District Judge.

This is an appeal in a post conviction proceeding. On February 8, 1968, defendant-appellant, Charles LaPlante, was convicted by jury verdict in the district court for Dodge County, Nebraska, of assaulting an officer. § 28-729.01, R. S. Supp., 1967. He was also adjudged an habitual criminal and sentenced to 10 years imprisonment in the Nebraska Penal and Correctional Complex where he is now confined. The conviction was affirmed on direct appeal. State v. LaPlante, 183 Neb. 803, 164 N. W. 2d 448. A 1960 prior burglary conviction in Saunders County, Nebraska, was used as…