State v. Betancourt-Garcia
295 Neb. 170
| Neb. | 2016Background
- In 2003 Pedro Rayón-Piza was bound, gagged, and left in a shed; he identified his uncle, Rosario Betancourt‑Garcia, as one of the kidnappers. Police sought Betancourt but did not locate him then.
- Warrants issued in November 2003; Betancourt was arrested in Texas in May 2004, waived extradition, was mistakenly transferred to immigration custody, and deported to Mexico. Nebraska re‑entered a hold; Betancourt was re‑arrested and extradited in July 2013.
- In August 2013 the State filed an information (later amended May 21, 2014) charging kidnapping (count I), use of a deadly weapon to commit a felony (count II), and conspiracy to commit kidnapping (count III).
- Betancourt moved to quash count III as barred by the 3‑year statute of limitations and later moved for directed verdicts; both motions were denied. A jury convicted him on all counts.
- At sentencing the court treated kidnapping as a Class IA felony (life sentence), weapon use as 10–30 years (consecutive), and conspiracy as a Class II felony (30–50 years concurrent). Betancourt appealed, alleging errors including statute‑of‑limitations/tolling, insufficiency as to "fleeing from justice," ineffective assistance for counsel dismissing an appeal, and sentencing errors.
Issues
| Issue | Plaintiff's Argument (Betancourt) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Motion to quash count III as time‑barred under 3‑year statute | Amended information facially shows offense in 2003; State failed to plead facts tolling statute | Statute of limitations need not be pleaded in information; State alleged elements and timely filed amended information | Court: Overruled motion to quash; information sufficient |
| Sufficiency for "fleeing from justice" tolling (§ 29‑110) | Waiver of extradition and later deportation defeats claim that he fled to avoid prosecution; insufficient evidence he continued to flee | Evidence he fled Nebraska to Texas after escape, waived extradition while aware of charges, made no effort to surrender — jury could find he fled | Court: Evidence sufficient; directed verdict properly denied |
| Ineffective assistance for counsel withdrawing appeal of denial of speedy‑trial discharge | Counsel’s dismissal of appeal waived challenge to counts I & II; claim of deficient performance and prejudice | Counsel’s action not prejudicial because the discharge motion lacked merit under statutory and constitutional speedy‑trial tests | Court: No ineffective assistance — counsel not ineffective for failing to pursue a meritless claim |
| Sentencing classification for conspiracy (count III) | District court treated conspiracy as Class II (30–50 yrs); defendant notes sentencing advisement error but pled not guilty and went to trial | State notes conspiracy should be same class as most serious object (kidnapping) making it Class IA with life sentence; court should correct | Court: Plain error — conspiracy is Class IA; conviction affirmed but conspiracy sentence vacated and remanded for resentencing to life imprisonment |
Key Cases Cited
- Emery v. State, 138 Neb. 776 (information need not negate statute of limitations in criminal cases)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance test: deficient performance and prejudice)
- Barker v. Wingo, 407 U.S. 514 (four‑factor balancing test for constitutional speedy trial)
- Doggett v. United States, 505 U.S. 647 (delay may be presumptively prejudicial)
- State v. Thomas, 236 Neb. 84 (definition of "fleeing from justice")
- State v. Thorpe, 280 Neb. 11 (plain error correction of sentencing errors)