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189 Neb. 468

State v. Werts

Nebraska Supreme Court

Decided January 5, 1973

Nebraska Supreme Court · decided 1973-01-05

Decided 1973-01-05

Boslaugh, J.

¶1On June 29, 1972, the defendant was sentenced to imprisonment for 1 year upon a plea of guilty to grand larceny. On July 10, 1972, he filed a motion for new trial which the record indicates is still pending. On July 25, 1972, the defendant filed a motion for post conviction relief. He appeals from an order denying that motion.

¶2Since the original proceeding is still pending, there is no judgment or final order which might be vacated or set aside. The judgment denying post conviction relief is, therefore, affirmed.

¶3Affirmed.

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