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Case No. 17-1245

Gene Duwayne Cook, Jr.
State of Iowa


Gene Duwayne Cook, Jr.


State of Iowa

Attorney for the Appellant

Gary Dickey

Attorney for the Appellee

Sheryl Soich, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 20, 2019

            Appeal from the Iowa District Court for Polk County, William Patrick Kelly, Judge.  AFFIRMED.  Considered by Bower, P.J., McDonald, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            Gene Cook Jr. appeals from the district court’s denial of his application for postconviction relief.  He argues his sentence is cruel and unusual due to gross disproportionality and his age, and he asserts his other claims are not time-barred under recent precedent.  OPINION HOLDS: We find his sentence is constitutional and his other claims are time-barred even considering recent precedent.  Therefore, we affirm.

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