State v. Leadinghorse

Spencer, J.. This is an appeal from the refusal of the District Court to grant a post conviction motion to vacate defendant’s judgment and sentence. Defendant was convicted on a plea of guilty to sodomy and was sentenced to 15 years imprisonment in the Nebraska Penal and Correctional Complex. Judgment was affirmed on direct appeal. State v. Leadinghorse (1971), 187 Neb. 386, 191 N. W. 2d 440. The trial court, after a hearing for that purpose, determined that no evidentiary hearing was required and denied defendant’s motion to vacate. We affirm.

The sole issue herein is the refusal of the trial…