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STATE v. DITTER

No. S-97-1212.

587 N.W.2d 73 (1998)

255 Neb. 696

STATE of Nebraska, appellee, v. David D. DITTER, appellant.

Supreme Court of Nebraska.

December 4, 1998.

Attorney(s) appearing for the Case

David D. Ditter, pro se, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

David D. Ditter appeals from the district court's dismissal without an evidentiary hearing of his second motion for postconviction relief. We affirm.

SCOPE OF REVIEW

A defendant requesting postconviction relief must establish the basis for such relief, and the findings of the district court will not be disturbed unless they are clearly erroneous. State v. Dandridge, 255 Neb. 364

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