State v. Torres

This is an appeal from the denial of postconviction relief. The district court, sua sponte, found Marco E. Torres, Jr.'s, successive motion for postconviction relief was time barred under the 1-year limitations period of Neb. Rev. Stat. § 29-3001 (4) (Reissue 2016) and denied relief without conducting an evidentiary hearing. On appeal, Torres argues the procedure used by the district court was improper. We find no abuse of discretion in the procedure followed, and affirm.

FACTS

In 2009, a jury found Torres guilty of two counts of first degree murder and other felony offenses. He was sentenced…