Clarence G. Bryant
v.
State of Iowa
Appellant
Clarence G. Bryant
Appellee
State of Iowa
Attorney for the Appellant
Denise M. Gonyea
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Mahaska County, Lucy J. Gamon, Judge. AFFIRMED. Considered by Potterfield, P.J., and Doyle and Tabor, JJ. Opinion by Doyle, J. (4 pages)
Clarence Bryant appeals the denial of his motion to strike court costs arguing Iowa Code section 822.2(1) (2018) prohibits assessment of a filing fee on applications for postconviction relief. OPINION HOLDS: Although section 822.2(1) allows initiation of a postconviction action without requiring the applicant to first pay a filing fee, the filing fee is recoverable in the event that the PCR applicant is unsuccessful in securing relief. Accordingly, we affirm.
