State v. Russell

In his postconviction relief motion, Edward A. Russell asked the district court for Douglas County to vacate his bench trial first degree murder conviction and his life sentence. Russell appeals from the district court’s denial of his postconviction relief motion.

Upon review of the record, we find that Russell’s claims for postconviction relief lack merit. However, Russell’s case must be remanded to the district court because that court failed to properly sentence Russell on a charge of using a firearm to commit a felony.

STANDARD OF REVIEW

A criminal defendant seeking postconviction relief has…