STATE v. ZARATE

No. S-01-1175.

651 N.W.2d 215 (2002)

264 Neb. 690

STATE of Nebraska, Appellee, v. Miguel Castillo ZARATE, Appellant.

Supreme Court of Nebraska.

September 27, 2002.


Attorney(s) appearing for the Case

Sean J. Brennan, Lincoln, for appellant.

Don Stenberg, Attorney General, and Marilyn B. Hutchinson, Lincoln, for appellee.

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


GERRARD, J.

NATURE OF CASE

The defendant, Miguel Castillo Zarate, appeals from the district court's denial, without an evidentiary hearing, of Zarate's motion for postconviction relief. The sole question presented by this appeal is whether Zarate is entitled to an evidentiary hearing on the claim that Zarate's counsel was ineffective in not advising Zarate that pleading guilty to attempted possession of a controlled substance could result in deportation...

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