State v. Kudlacz
Annotate this CaseAppellant pled guilty to one count of issuing a bad check. Upon satisfactory completion of the conditions of his probation, the district court entered an order releasing Appellant from probation. Appellant then moved to set aside his conviction pursuant to Neb. Rev. Stat. 29-2264(2). The district court denied Appellant’s motion, concluding that because the conditions of Appellant’s probation included confinement in the county jail, Appellant did not fall within the class of persons whose convictions may be set aside pursuant to section 29-2264(2). The Supreme Court reversed, holding that section 29-2264(2) does not preclude relief merely because the person placed on probation was subjected to jail time as a condition of probation. Remanded.
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