State v. Cunningham

The defendant was charged with auto theft in violation of section 28-522, R. R. S. 1943. He waived preliminary hearing and was brought before the district court on December 23, 1968. The record shows that at that time the defendant appeared with private counsel and entered a plea of guilty. The judgment entered on this plea was vacated by the district court on its own motion and a plea of not guilty entered for the defendant.

The case was set for trial on May 21, 1969, and the public defender was appointed to represent the defendant. When the defendant was brought before the district court on…