S-12-0580, State of Nebraska v. Edgar J. Chiroy Osorio (Appellant)
Dodge County—Judge Geoffrey C. Hall
Attorneys: James D. Smith, Assistant Attorney General, (Appellee) --- Bilal A. Khaleeq, Khaleeq Law Firm, LLC (Appellant)
Criminal: appeal from an order denying Appellant’s motion to withdraw plea of guilty and vacate conviction
Proceedings Below: On June 17, 2002, pursuant to a plea agreement, Edgar J. Chiroy Osorio (Appellant) pled no contest to attempted arson in the first degree. On July 22, 2002, Appellant was sentenced to a minimum of 20 months and a maximum of 24 months with credit for 101 days served. On April 16, 2012, ten years after conviction, Appellant filed a motion to withdraw his plea of no contest and vacate his conviction with the district court. The court heard his motion on April 23, 2012. On June 14, 2012, the court denied Appellant’s motion.
Issues: Appellant assigns that the district court erred when it 1) denied his motion to withdraw plea and vacate conviction because his due process rights were violated when he was not advised of the immigration consequences of his plea; 2) determined that Appellant could not withdraw his plea even though the court did not read the statutory advisement as per Neb. Rev. Stat. § 29-1819.02 (Reissue 2008) prior to sentencing Appellant; and 3) failed to explain with any detail why it denied Appellant’s motion as it places an unreasonable burden on Appellant during his appeal process.