S-25-0808 State of Nebraska (Appellee) v. Ariel Garcia-Pelico (Appellant)
Appeal from the District Court for Hall County, Judge Patrick M. Lee
Attorneys: Ariel Garia-Pelico (Self-represented Appellant) and Melissa R. Vincent (Nebraska Attorney General’s Office for Appellees)
Criminal: Postconviction relief
Proceedings Below: A jury found Appellant guilty of first-degree sexual assault of a child, and he was sentenced to forty-five (45) to sixty (60) years in prison. See State v. Garci-Pelico, 31 Neb.App. 707 (2023). In the current case, Appellant sought postconviction relief and alleged that he received ineffective assistance from counsel, which the district court denied after an evidentiary hearing. Appellant petitioned to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and transferred this case be placed on its docket.
Issues: Appellant assigns the following errors: 1) Appellant was denied the statutory right to the effective assistance of counsel in the postconviction proceedings; and 2) The district court erred in finding that Appellant failed to demonstrate deficient performance and/or prejudice on his claims of ineffective assistance of counsel.