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Case No. 18-0270

Drew Matthew Moir
v.
State of Iowa

Appellant

Drew Matthew Moir

Appellee

State of Iowa

Attorneys for the Appellant

Zachary S. Hindman (until withdrawal)
Priscilla E. Forsyth

Attorney for the Appellee

Zachary C. Miller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0270
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (7 pages)

            Drew Moir appeals the district court order summarily dismissing his application for postconviction relief (PCR).  OPINION HOLDS: Under the specific facts of Moir’s case, we conclude his letter to the district court could be considered a PCR application that was filed within the time limits provided in Iowa Code section 822.3 (2017).  We therefore reverse the order summarily dismissing Moir’s PCR application and remand to the district court for further proceedings. 

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