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State v. Llerenas-Alvarado

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Wednesday, January 23, 2013

A-12-0131, State of Nebraska v. Jose J. Llerenas-Alvarado (Appellant)


Madison County, District Court Judge James G. Kube


Attorney for Appellant:   Charles W. Balsiger


Attorney for Appellee:   Jon Bruning, Carrie A. Thober (Attorney General’s Office)


Criminal Action:  Motion to Withdraw Plea


Action Taken by Trial Court:  Llerenas-Alvarado entered a no contest plea to the charge of attempted kidnapping. Prior to sentencing, he moved to withdraw his plea, and this motion was denied.


Assignments of Error on Appeal: Did the district court err in denying the withdrawal of the plea because Llerenas-Alvarado did not intelligently, knowingly and voluntarily enter his plea? Was Llerenas-Alvarado adequately warned of the immigration consequences of his no contest plea as required by Neb. Rev. Stat. §29-1819.02?

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