S-25-0495 State of Nebraska (Appellee) v. James F. Delgado (Appellant)
Appeal from the District Court for Hall County, Judge Andrew C. Butler
Attorneys: Jerrod Jaeger (Jaeger Law Office PC LLO for Appellant) and Melissa R. Vincent (Asst. Attorney General for Appellee)
Criminal: Distribution of a controlled substance and right to appeal
Proceedings below: As part of a plea agreement, Appellant pled no contest to one count of distribution of a controlled substance, and the State agreed to dismiss two other felony counts and to forego a habitual criminal enhancement. Appellant agreed to not seek deferred judgment and to waive his right to appeal, and he was sentenced to ten (10) to twenty (20) years in prison with credit for time served. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court failed to determine through inquiry whether Appellant knew he was giving an unqualified waiver of his appeal right; 2) Appellant received ineffective assistance in preparation for the plea hearing and was not advised on the effect of a waiver of appeal; 3) The district court’s sentence was excessive and constituted an abuse of discretion; and 4) Trial counsel performed deficiently by not investigating mitigation evidence and presenting such to the sentencing court.