Jeffery Wheeldon
v.
State of Iowa
Appellant
Jeffery Wheeldon
Appellee
State of Iowa
Attorney for the Appellant
Marti D. Nerenstone
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Duane E. Hoffmeyer, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by Potterfield, P.J. (8 pages)
Jeffery Wheeldon appeals from the denial of his application for postconviction relief (PCR). He maintains the PCR court should have found his application falls within an exception to the three-year statute of limitations because he was incompetent at the time of his plea and the three years following. OPINION HOLDS: Substantial evidence supports the PCR court’s finding that Wheeldon was mentally competent at the time he entered his guilty pleas, and Wheeldon has not established he was incompetent for the three years that followed. Thus, because Wheeldon could have timely raised his claims, his application does not meet an exception to the three-year statute of limitations. We affirm the dismissal of Wheeldon’s PCR application.
