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STATE v. RAMIREZ

No. S-12-251.

825 N.W.2d 801 (2013)

285 Neb. 203

STATE of Nebraska, appellee, v. Billy RAMIREZ, appellant.

Supreme Court of Nebraska.

February 8, 2013.

Attorney(s) appearing for the Case

Mark Porto , of Shamberg, Wolf, McDermott & Depue, for appellant.

Jon Bruning , Attorney General, Carrie A. Thober , and James D. Smith , for appellee.

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

McCORMACK, J.

NATURE OF CASE

Billy Ramirez was convicted by a jury of third degree assault, a Class I misdemeanor under Neb.Rev.Stat. § 28-310 (Reissue 2008). The district court sentenced him to 24 months of probation and ordered him to pay restitution to the victim pursuant to Neb.Rev.Stat. § 29-2280 (Reissue 2008). Ramirez appeals the restitution order and alleges ineffective trial counsel.

BACKGROUND

Brant Van Boening and his...

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