State v. Belmarez

NATURE OF CASE

The State of Nebraska appealed from the district court’s order granting postconviction relief which vacated Dustin L. Belmarez’ conviction for aiding and abetting second degree murder. However, the State and Belmarez jointly moved to dismiss the State’s appeal. Subsequently, we granted the State’s motion to reinstate this appeal based upon allegations by the State that Belmarez had refused to honor a plea agreement which was the basis for the joint motion for dismissal of the State’s appeal. Belmarez now claims that we lacked jurisdiction to reinstate the appeal.

SCOPE OF REVIEW

Wh…