State v. Petitte

James M. Petitte appeals from an order of the district court for Sarpy County, denying Petitte’s second “Motion To Vacate And Set Aside Judgment And Sentence” filed pursuant to the Nebraska Postconviction Act, Neb. Rev. Stat. §§ 29-3001 et seq. (Reissue 1985). After reviewing the files and records in Petitte’s case, the district court denied Petitte’s motion without an evidentiary hearing because the grounds alleged were known and available at the time Petitte filed a previous motion for postconviction relief.

In 1982, pursuant to a plea agreement, Petitte pled guilty to charges contained in a…