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STATE v. GONZALES

No. A-04-299.

709 N.W.2d 707 (2006)

14 Neb. App. 493

STATE of Nebraska, appellee, v. David J. GONZALES, appellant.

Court of Appeals of Nebraska.

February 14, 2006.

Attorney(s) appearing for the Case

Mark T. Bestul, of Vincent M. Powers & Associates, Lincoln, for appellant.

David J. Gonzales, pro se.

Jon Bruning, Attorney General, and J. Kirk Brown, Lincoln, for appellee.

IRWIN, SIEVERS, and MOORE, Judges.

IRWIN, Judge.

I. INTRODUCTION

David J. Gonzales appeals from the district court's denial, without an evidentiary hearing, of Gonzales' motion for postconviction relief and appointment of counsel. On appeal, Gonzales asserts that the court erred in denying an evidentiary hearing on Gonzales' claim that his trial counsel was ineffective and in failing to appoint counsel. We find that Gonzales' motion alleges sufficient facts to entitle him to an evidentiary...

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