State v. Betancourt-Garcia
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The Supreme Court affirmed in part and reversed in part the judgment of the district court denying Defendant's petition for postconviction relief, holding that Defendant was entitled to an evidentiary hearing on one of his claims.
Defendant was convicted of kidnapping, use of a firearm to commit a felony, and conspiracy to commit kidnapping. Defendant later filed a petition for postconviction relief. The district court granted an evidentiary hearing on three of Defendant's claims and denied Defendant's remaining claims without holding an evidentiary hearing. The Supreme Court affirmed in part and reversed in part, holding (1) because Defendant alleged ineffective assistance of counsel for failing to object on remand to the unauthorized sentence of life imprisonment without parole on the conspiracy conviction, the case must be remanded for an evidentiary hearing; and (2) with respect to the remaining claims, Defendant failed to allege facts showing that he was entitled to relief.
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