State v. Betancourt-Garcia

Rosario Betancourt-Garcia (Betancourt) was convicted in 2015 of kidnapping, use of a firearm to commit kidnapping, and conspiracy to commit kidnapping. We affirmed all of his convictions and two of his sentences on direct appeal. 1 In 2017, Betancourt filed a motion for forensic DNA testing pursuant to Nebraska's DNA Testing Act. 2 After conducting a hearing, the district court denied the motion, finding the items Betancourt wanted to test were no longer in the possession of the State and had been destroyed before the motion for DNA testing was filed. 3 Betancourt appeals, and we affirm.

FACTS

B…