State v. Waterman

This is an appeal from an order of the District Court denying the defendant’s motion for post conviction relief without holding a hearing.

On September 3, 1981, while represented by counsel, the defendant, Luthern P. Waterman, entered a plea to and was found guilty of the May 22, 1981, Class III felony offense of second degree sexual assault, a violation of Neb. Rev. Stat. § 28-320 (Reissue 1979). The plea was entered as a part of a plea bargain which substituted this charge for the original charge of first degree sexual assault, a Class II felony.

Following a presentence investigation, the…