In State v. Evans, 194 Neb. 559, 234 N.W.2d 199 (1975), the Supreme Court of Nebraska adopted a standard governing withdrawals of guilty pleas that had the effect of harmonizing what may have been divergent Nebraska cases in this area. Compare State v. Daniels, 190 Neb. 602, 211 N.W.2d 127, 129 (1973), with State v. Freeman, 193 Neb. 227, 226 N.W.2d 351, 353 (1975), and State v. Williams, 191 Neb. 57, 213 N.W.2d 727, 728 (1974). The court in Evans stated:
When a plea of guilty or nolo contendere is made with full knowledge of the charge and the consequences of the plea, it will not be permitted to be withdrawn in the absence of fraud, mistake, or other improper means used in its procurement. State v. Williams, 191 Neb. 57, 213 N.W.2d 727 (1974); State v. Eutzy, 184 Neb. 755, 172 N.W.2d 94 (1969)."
When a plea of guilty or nolo contendere is made with full knowledge of the charge and the consequences of the plea, it will not be permitted to be withdrawn in the absence of fraud, mistake, or other improper means used in its procurement. State v. Williams, 191 Neb. 57, 213 N.W.2d 727 (1974); State v. Eutzy, 184 Neb. 755, 172 N.W.2d 94 (1969). The defendant in this case concedes that his plea was entered voluntarily, with understanding as to its effect, and with knowledge of the potential testimony of Sinnett. The defendant contends, however, that his plea was given "inadvisedly," and that State v. Journey, 186 Neb. 556, 184 N.W.2d 616 (1971), mandates reversal in this case.
The punishment for a criminal act should in all circumstances be commensurate with the offense. State v. Williams (1974), 191 Neb. 57, 213 N.W.2d 727. On the record, the interest of justice would be better served by a sentence of 1 to 3 years in the Nebraska Penal and Correctional Complex.
For the purposes of this case the plea of nolo contendere was equivalent to a plea of guilty. A plea of guilty made with full knowledge of the charge and the consequences of the plea will not be permitted to be withdrawn in the absence of fraud, mistake, or other improper means used in its procurement. State v. Williams, 191 Neb. 57, 213 N.W.2d 727. A motion to withdraw a plea of guilty should be sustained only if the defendant proves withdrawal is necessary to correct a manifest injustice and the grounds are established by clear and convincing evidence. State v. Johnson, 187 Neb. 26, 187 N.W.2d 99.