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State v. Davis

Court of Appeals of Nebraska

January 26, 2016

STATE OF NEBRASKA, APPELLEE,
v.
PERRY D. DAVIS, APPELLANT

Page 451

[Copyrighted Material Omitted]

Page 452

Appeal from the District Court for Sheridan County: TRAVIS P. O'GORMAN, Judge.

Perry D. Davis, Pro se.

Douglas J. Peterson, Attorney General, and George R. Love for appellee.

MOORE, Chief Judge, and INBODY and BISHOP, Judges.

OPINION

Page 453

[23 Neb.App. 537] Inbody, Judge.

INTRODUCTION

Perry D. Davis appeals from the April 28, 2014, order of the Sheridan County District Court denying his request for appointment of substitute counsel, his motion to submit newly discovered evidence, his writ of error coram nobis, and any postconviction relief sought, as well as dismissing " all filings and motions currently pending."

PROCEDURAL BACKGROUND

In September 2007, a jury convicted Davis of first degree sexual assault, a Class II felony, and sexual assault of a child, a Class IV felony at the time. State v. Davis, 277 Neb. 161, 762 N.W.2d 287 (2009). In March 2008, he was sentenced to [23 Neb.App. 538] 20 to 30 years' imprisonment on the former conviction and 4 to 5 years' imprisonment on the latter conviction. Id. Davis was represented by one attorney during trial and another attorney for sentencing and his direct appeal. On direct appeal, Davis alleged that the evidence was insufficient to support his convictions and that the sentences imposed were excessive. Id. Davis' convictions were affirmed by the Nebraska Supreme Court; however, due to changes in the felony sentencing statutes during the relevant time period, the court modified the Class IV felony sentence from 4 to 5 years' imprisonment to a term of 20 months' to 5 years' imprisonment. Id.

In February 2010, Davis filed a motion for postconviction relief, alleging various ways in which his trial and appellate counsel were ineffective and that there was prosecutorial misconduct during trial. That same day, Davis filed a motion to amend, in which ...


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