State v. Walker

The defendant was convicted of possession of a controlled substance with intent to distribute and was sentenced to 10 years imprisonment. The judgment was affirmed in State v. Walker, 192 Neb. 308, 220 N. W. 2d 235.

On June 29, 1976, the defendant filed a motion for post conviction relief, titled “Petition for Resentence,” alleging that the sentence imposed in 1973 was void. The defendant’s theory was that the 1973 amendment to section 28-4,125, R. S. Supp., 1972, which reduced the penalty from 5 to 20 years imprisonment to 1 to 10 years imprisonment invalidated his sentence. The trial court…