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State v. Tracy

Supreme Court of Nebraska
May 20, 1988
423 N.W.2d 479 (Neb. 1988)

Opinion

No. 87-633.

Filed May 20, 1988.

Appeal and Error. Where the appellant's brief does not contain specific assignments of error as required by Neb. Rev. stat. 25-1919 (Reissue 1985) and Neb. Ct. R. of Prac. 9D(1)d (rev. 1986), the judgment will be affirmed in the absence of any plain error this court may note.

Appeal from the District Court for Douglas County: JAMES M. MURPHY, Judge. Affirmed.

Matthew R. Tracy, pro se.

Robert M. Spire, Attorney General, and Linda L. Willard, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.


The defendant, Matthew R. Tracy, appeals from an order of the district court for Douglas County denying his motion for postconviction relief. The record before us contains no bill of exceptions, nor does defendant's brief contain any assignment of error.

Where the appellant's brief does not contain specific assignments of error as required by Neb. Rev. Stat. § 25-1919 (Reissue 1985) and Neb. Ct. R. of Prac. 9D(1)d (rev. 1986), the judgment will be affirmed in the absence of any plain error this court may note. Nebraska Mut. Ins. Co. v. Farmland Indus., 227 Neb. 93, 416 N.W.2d 221 (1987).

Without a bill of exceptions, we cannot review the record for plain error, as we are unable to determine with accuracy the facts and details regarding the defendant's original conviction, sentence, and appeal. Therefore, the judgment of the district court denying the defendant's motion for postconviction relief is affirmed.

AFFIRMED.


Summaries of

State v. Tracy

Supreme Court of Nebraska
May 20, 1988
423 N.W.2d 479 (Neb. 1988)
Case details for

State v. Tracy

Case Details

Full title:STATE OF NEBRASKA, APPELLEE, v. MATTHEW R. TRACY, APPELLANT

Court:Supreme Court of Nebraska

Date published: May 20, 1988

Citations

423 N.W.2d 479 (Neb. 1988)
423 N.W.2d 479