State v. Graham

Defendant appeals from the denial of relief in this post conviction proceeding. He predicates his appeal on four points: (1) Nebraska’s habitual criminal statute, section 29-2221, R. S. Supp., 1972, is unconstitutional in that it inflicts cruel and unusual punishment; (2) his sentence was vague and indefinite in that it did not specify upon which count it was based; (3) he was not properly advised of his rights upon and prior to his plea of guilty to the habitual criminal charge; and (4) prescribed statutory procedures were not followed in applying the habitual criminal statute. We-affirm.

Defe…