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STATE v. BELMAREZ

No. S-96-1159.

577 N.W.2d 255 (1998)

254 Neb. 436

STATE of Nebraska, Appellant, v. Dustin L. BELMAREZ, also known as Deon Belmarez, Appellee.

Supreme Court of Nebraska.

April 10, 1998.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and J. Kirk Brown, Lincoln, for appellant.

James R. Mowbray and Jeffery A. Pickens, of Nebraska Commission on Public Advocacy, Lincoln, and Robert H. Conner, McCook, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

WRIGHT, Justice.

NATURE OF CASE

The State of Nebraska appealed from the district court's order granting postconviction relief which vacated Dustin L. Belmarez' conviction for aiding and abetting second degree murder. However, the State and Belmarez jointly moved to dismiss the State's appeal. Subsequently, we granted the State's motion to reinstate this appeal based upon allegations by the State that Belmarez had refused to honor a plea agreement which was...

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