State Nebraska v. Edgar L. Nance

The defendant was charged on three separate counts of robbery, and an habitual criminal count. He was convicted on the three robbery counts. The District Court thereafter sustained a motion to dismiss the habitual criminal charge. Leave has been granted by this court to docket error proceedings challenging that ruling under the provisions of section 29-2315.01, et seq., R. R. S. 1943. The habitual criminal charge against the defendant here was based upon one prior conviction and commitment in the State of Louisiana, and one prior conviction and commitment in the State of Missouri. Section 29-2221, R. R. S. 1943, provides in relevant part: ""Whoever has been twice convicted of crime, sentenced and committed to prison, in this or any other state, or by the United States, or once in this state and once at least in any other state, or by the United States, for terms of not less than one year each, shall, upon conviction of a felony committed in this state, be deemed to be an habitual criminal, * * *.""