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Case No. 18-1180

Juan Lozano
v.
State of Iowa

Appellant

Juan Lozano

Appellee

State of Iowa

Attorneys for Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Attorneys for Appellee

Richard J. Bennett, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1180
Date Published:
Jul 22, 2020
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.

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