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Case No. 18-1270

Clarence G. Bryant
State of Iowa


Clarence G. Bryant


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:
May 01, 2019

            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.

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