IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) STATE V. DIAZ NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). STATE OF NEBRASKA, APPELLEE, V. LORENZO DIAZ, APPELLANT. Filed August 20, 2019. No. A-19-153. Appeal from the District Court for Douglas County: SHELLY R. STRATMAN, Judge. Affirmed. Peder Bartling, of Bartling Law Offices, P.C., L.L.O., for appellant. Douglas J. Peterson, Attorney General, and Jordan Osborne for appellee. MOORE, Chief Judge, and PIRTLE and BISHOP, Judges. MOORE, Chief Judge. INTRODUCTION Lorenzo Diaz appeals from an order of the district court for Douglas County denying his request to withdraw his no contest plea to a charge of attempted second degree assault. Further, Diaz assigns that he received ineffective assistance from his counsel at the initial plea hearing and that the district court imposed an excessive sentence. We affirm. BACKGROUND On April 27, 2018, the State filed an information charging Diaz with second degree assault, under Neb. Rev. Stat. § 28-309(1)(a) (Reissue 2016), a class IIA felony. The district court held a plea hearing on September 6, 2018. A certified interpreter was present at the hearing, and translated for Diaz. Both Diaz and the State indicated that they had reached a plea agreement. The State agreed to request leave to file an amended information that -1- reduced the charge against Diaz to attempted second degree assault, a class IIIA felony, under § 28-309(1) and Neb. Rev. Stat. § 28-201(4)(c) (Reissue 2016). In exchange, Diaz agreed to plead no contest to the allegations in the State’s amended information. The State provided the following factual basis for Diaz’ no contest plea: On or about March, 24, 2018, here within Douglas County, law enforcement were dispatched to [a residence] for a domestic disturbance. They came into contact with the defendant’s ex-wife, Natalie Diaz, who stated that the defendant, her ex-husband, had come to the residence [and] attempted to get into the residence by damaging a door with a brick. During the process, the victim, the twin sister, Esperanza Aponte-Trujillo[,] was also at the residence and opened up the door. The defendant then hit her with a brick[,] causing a four-inch laceration to her head. [The] State’s evidence would suggest that everything happened here in Douglas County, and that the victim’s injuries were serious enough that she had to go to the hospital. Upon the district court’s inquiry, Diaz affirmed that he understood the constitutional rights he was waiving by pleading no contest and that he understood the possible penalties for the charge in the State’s amended information. Diaz additionally confirmed that he was entering the plea agreement voluntarily and without force or threat. Diaz affirmed that he discussed everything he knew about his case with his attorney and that he was satisfied with her representation. The court notified Diaz of the possible immigration consequences of his no contest plea: THE COURT: Also, under ...
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