Juan Lozano
v.
State of Iowa
Appellant
Juan Lozano
Appellee
State of Iowa
Attorney for the Appellant
Shellie L. Knipfer, Assistant Appellate Defender
Attorney for the Appellee
Richard J. Bennett, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. AFFIRMED. Considered by Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Schumacher, J. (7 pages)
An applicant for postconviction relief asks us to reverse a district court decision that found his application barred by a three-year limitation period. OPINION HOLDS: The defendant’s application was filed more than eleven years following the expiration of the limitation period set forth in Iowa Code section 822.3 (2016). We decline to apply a language-proficiency-based exception to our long line of cases refusing to apply equitable tolling to section 822.3. We therefore affirm the defendant’s convictions and sentences.
