State of Nebraska v. Julio Chojolan, 288 Neb. 760 (2014)
Sep 01, 2014OUTCOME: Decided in favor of Defendant/Appellant
n 2012, we filed a Motion to Withdraw Plea of Guilty and to Vacate Mr. Chojolan’s State-Court criminal conviction from 2006 for Attempted Possession of a Controlled Substance. Mr. Chojolan had received ... a 30 day sentence. However, Mr. Chojolan was not advised of the immigration cosnequnces of his plea pursuant to Nebraska Revised Statute §29-1819.02. At a hearing before the Douglas County District Court in October, 2012, the District Court denied Mr. Chojolan’s Motion because he did not bring his Motion during the time in which he was in custody. We appealed the decision the Nebraska Supreme Court.
