State v. Howard

Appellant Michael D. Howard (Howard) appeals the decision of the Seventh Judicial District Court, Dawson County, denying his “Motion to Vacate Conviction.” We affirm.

Howard presents two issues on appeal:

1. Did the District Court err by construing Howard’s “Motion to Vacate Conviction” as a petition for post-conviction relief?

2. Did the District Court err by determining that Howard’s “Motion to Vacate Conviction” was time-barred?

In 1981, Howard was charged in Dawson County with one count of felony theft. The theft Howard was charged with involved the participation of two women, one of whom was…