State v. Boone, 992 N.W.2d 451

Boone was charged with multiple crimes, including first-degree murder, after his ex-girlfriend died from a gunshot wound.
He pleaded guilty pursuant to a plea agreement to manslaughter and to using a firearm to commit a felony; other charges were reduced or dismissed.
On November 16, 2022, the court sentenced Boone to consecutive prison terms (19–20 years and 45–50 years).
Boone’s original counsel moved to withdraw shortly after sentencing; the court appointed new counsel.
New counsel filed a post‑sentencing motion (before the direct‑appeal period expired) to withdraw Boone’s guilty pleas, alleging ineffective assistance of prior counsel who promised a “lenient sentence.”
The district court denied the motion; Boone appealed within 30 days of sentencing.

Issue	Boone's Argument	State's Argument	Held
Whether the appellate court has jurisdiction	Appeal filed within 30 days of sentence, so court has jurisdiction	N/A	The Nebraska Supreme Court has jurisdiction because the sentence is the final judgment and appeal was timely.
Whether the district court could allow withdrawal of pleas after sentencing but before the direct‑appeal period expired	District court could permit withdrawal to correct a manifest injustice based on ineffective assistance (relying on earlier "manifest injustice" doctrine)	Court lacked authority because no statute authorizes such postjudgment plea withdrawal and statutory remedies (direct appeal/postconviction) were available	District court lacked authority; postjudgment plea withdrawal is allowed only under Gonzales II’s limited common‑law exception (rare, constitutional claims not otherwise vindicable), which does not apply here.

State v. Combs, 297 Neb. 422, 900 N.W.2d 473 (Neb. 2017) (final judgment in criminal case is the sentence for appellate‑jurisdiction purposes)
State v. Gonzales, 285 Neb. 940, 830 N.W.2d 504 (Neb. 2013) (Gonzales II) (recognized extremely limited common‑law postconviction plea‑withdrawal remedy for constitutional rights not otherwise vindicable)
State v. McAleese, 311 Neb. 243, 971 N.W.2d 328 (Neb. 2022) (court lacks jurisdiction to adjudicate criminal procedures not authorized by statute)
State v. Dunster, 270 Neb. 773, 707 N.W.2d 412 (Neb. 2005) (refusing to recognize nonstatutory criminal procedures when statutory remedies exist)
State v. Minshall, 227 Neb. 210, 416 N.W.2d 585 (Neb. 1987) (discussing manifest‑injustice standard for plea withdrawal historically)
State v. Irish, 223 Neb. 814, 394 N.W.2d 879 (Neb. 1986) (rejecting adoption of ABA Standards as governing law)
State v. Warner, 312 Neb. 116, 977 N.W.2d 904 (Neb. 2022) (trial court may allow plea withdrawal before sentencing for fair and just reasons)
State v. Blake, 310 Neb. 769, 969 N.W.2d 399 (Neb. 2022) (defendant does not waive claim that plea resulted from ineffective assistance of counsel)
State v. Miranda, 313 Neb. 358, 984 N.W.2d 261 (Neb. 2023) (ineffective‑assistance claims may be raised on direct appeal when sufficiently particularized)