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Case No. 16-1796

Maurice Walker
v.
State of Iowa

Appellant

Maurice Walker

Appellee

State of Iowa

Attorneys for Appellant

Jack E. Dusthimer

Attorneys for Appellee

Kevin Cmelik, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
16-1796
Date Published:
Feb 06, 2019
Summary

            Appeal from the Iowa District Court for Clinton County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Gamble, S.J.  Tabor, J., takes no part.  Opinion by Gamble, S.J.  (5 pages)

            Maurice Walker appeals from the dismissal of his application for postconviction relief (PCR).  On appeal, he raises a new claim and also asserts the PCR court erred in finding his trial counsel was not ineffective.  OPINION HOLDS: The rule announced in State v. Heemstra, 721 N.W.2d 549, 558 (Iowa 2006), is not applicable here.  The appellant’s claim concerning the charge of burglary was not preserved for review.  Because we agree with the thorough and well-reasoned findings and conclusions of the PCR court, we affirm.

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