State v. Russ
State v. Russ
Opinion of the Court
The State moves to dismiss this appeal from a sentence on a charge of burglary. The grounds of the motion are: (1) The defendant’s pro se brief was filed out of time and did not comply in any respect with the rules of this court; and (2) the appeal is frivolous; Anders v. California, 386 U. S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493, has been complied with; and no hearing on the merits is required.
The defendant had entered a plea of guilty to the burglary charge and was placed on probation. He was subsequently charged with violation of the terms of the probation and entered a plea of guilty to such
Counsel for the defendant, while the appeal was pending, asked leave of the trial court to withdraw as counsel and complied with Anders v. California, supra. The trial court found that an appeal would be frivolous and permitted counsel to withdraw.
Our consideration of the motion has required a careful review of the transcript and bill of exceptions and the claims made in the defendant’s pro se brief. We have reviewed the case on the merits. The defendant’s claims are without foundation.
Judgment affirmed.
Reference
- Full Case Name
- State of Nebraska v. Keith A. Russ
- Status
- Published