Gene Duwayne Cook, Jr.
v.
State of Iowa
Appellant
Gene Duwayne Cook, Jr.
Appellee
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:
17-1245
Date Published:
Feb 20, 2019
Summary
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.