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STATE v. JERKE

No. S-18-426.

923 N.W.2d 78 (2019)

302 Neb. 372

STATE of Nebraska, Appellant and Cross-Appellee, v. Jedo J. JERKE, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

Filed March 1, 2019.

Attorney(s) appearing for the Case

Douglas J. Peterson , Attorney General, and James D. Smith , and Martin R. Klein , and Katherine J. Doering , Deputy Hall County Attorneys, for appellant.

Mark Porto , of Porto Law Office, Grand Island, for appellee.

Kevin Ruser , of University of Nebraska College of Law Immigration Clinic, and David Shea and Damon Hudson , Senior Certified Law Students, for amicus curiae University of Nebraska College of Law Immigration Clinic.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

In 2012, Jedo J. Jerke entered a no contest plea to a charge of second degree assault. He was convicted and sentenced to a term of 4 to 6 years' imprisonment. After completing his sentence, Jerke moved to vacate the sentence and withdraw the plea pursuant to the common-law procedure recognized in State v. Gonzalez,

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