State v. Weiland

Defendant appeals from the denial of an evidentiary hearing in this post conviction proceeding. We affirm.

Defendant’s motion contained three grounds for release. Defendant concedes that the first two grounds had previously been heard and overruled. Defendant’s third allegation was: “That the defendant was tried by surprise for a substantially and materially different criminal charge, than that which he was bound over to the district court for trial on, and which he went to trial prepared to defend against, in clear violation of his right to know the cause and nature of the accusation against…