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STATE v. HERNANDEZ

No. S-03-1365.

689 N.W.2d 579 (2004)

268 Neb. 934

STATE of Nebraska, appellee, v. Victor HERNANDEZ, appellant.

Supreme Court of Nebraska.

December 10, 2004.

Attorney(s) appearing for the Case

Christopher J. Lathrop, Omaha, for appellant.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

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

CONNOLLY, J.

Victor Hernandez appeals his jury convictions for first degree murder and use of a deadly weapon to commit a felony. He contends that (1) an affidavit for a search warrant was not supported by probable cause; (2) his counsel was ineffective for failing to request a hearing under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978); (3) he should have been rearraigned after the information was amended...

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