State v. Litzenburg
This text of 374 N.W.2d 1 (State v. Litzenburg) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case is a direct appeal in which the only error assigned is that the sentence imposed was excessive. That contention is without merit.
In this case, however, the record discloses plain error in that the trial court at the arraignment failed to advise the defendant of his right against self-incrimination. Such a record will not support a finding that the plea was entered voluntarily and intelligently. State v. Tweedy, 209 Neb. 649, 309 N.W.2d 94 (1981); State v. Branch, ante p. 754, 371 N.W.2d 740 (1985); State v. Wright, post p. 847, 374 N.W.2d 26 (1985).
Accordingly, the judgment is reversed, defendant’s conviction and sentence are vacated, and the cause is remanded to the district court for further proceedings.
Reversed and remanded for further proceedings.
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Cite This Page — Counsel Stack
374 N.W.2d 1, 220 Neb. 807, 1985 Neb. LEXIS 1179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-litzenburg-neb-1985.