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STATE v. SMITH

No. S-98-390.

592 N.W.2d 143 (1999)

256 Neb. 705

STATE of Nebraska, Appellee, v. Scott L. SMITH, Appellant.

Supreme Court of Nebraska.

April 9, 1999.

Attorney(s) appearing for the Case

Julie E. Bear, of Reinsch & Slattery, P.C., Plattsmouth, for appellant.

Don Stenberg, Attorney General, and David T. Bydalek, Lincoln, for appellee.

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

McCORMACK, J.

NATURE OF CASE

Scott L. Smith appeals from the trial court's dismissal, without an evidentiary hearing, of his motion for postconviction relief.

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. Ditter, 255 Neb. 696,

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