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Case No. 18-1217

Pablo Benavidez
v.
State of Iowa

Appellant

Pablo Benavidez

Appellee

State of Iowa

Attorney for the Appellant

Christine E. Branstad

Attorney for the Appellee

Richard J. Bennett, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1217
Date Published:
Aug 21, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Greer, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Pablo Benavidez appeals a district court remand order with regard to his application for postconviction relief, contending the district court abused its discretion in deducting 5000 days of his earned time credits as a penalty for filing a frivolous action.  OPINION HOLDS: We affirm the district court’s deduction of 5000 days of earned time credits as a penalty for Benavidez’s frivolous filing. 

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