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STATE v. BETANCOURT-GARCIA

No. S-17-690.

910 N.W.2d 164 (2018)

299 Neb. 775

STATE of Nebraska, appellee, v. Rosario BETANCOURT-GARCIA, appellant.

Supreme Court of Nebraska.

Filed April 26, 2018.

Attorney(s) appearing for the Case

Danielle L. Myers-Noelle , of Jewell & Collins, and Brad J. Montag , of Egley, Fullner, Montag & Hockabout, for appellant.

Douglas J. Peterson , Attorney General, and Austin N. Relph , Lincoln, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, and Stacy, JJ., and Moore, Chief Judge, and Arterburn, Judge, and Doyle, District Judge.

Rosario Betancourt-Garcia (Betancourt) was convicted in 2015 of kidnapping, use of a firearm to commit kidnapping, and conspiracy to commit kidnapping. We affirmed all of his convictions and two of his sentences on direct appeal.1 In 2017, Betancourt filed a motion for forensic DNA testing pursuant to Nebraska...

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