STATE v. YORK

No. S-06-957.

731 N.W.2d 597 (2007)

273 Neb. 660

STATE of Nebraska, appellee, v. Darin C. YORK, appellant.

Supreme Court of Nebraska.

May 25, 2007.


Attorney(s) appearing for the Case

Bell Island, of Island, Huff & Nichols, P.C., L.L.O., Scottsbluff, for appellant.

Jon Bruning, Attorney General, and Kimberly Klein for appellee.

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


GERRARD, J.

NATURE OF CASE

In 2005, Darin C. York was convicted of incest in the district court. On direct appeal, York argued that his trial counsel was ineffective, but conceded that the record was inadequate to review the issue, and the issue was only being raised in order to preserve it for a later postconviction action. The Nebraska Court of Appeals granted the State's motion for summary affirmance, citing Neb. Ct. R. of Prac. 7B(2) (rev.2001).

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