Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-2021

Francisco De La Rosa Garcia
v.
State of Iowa

Appellant

Francisco De La Rosa Garcia

Appellee

State of Iowa

Attorney for the Appellant

Frank Santiago

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2021
Date Published:
Oct 09, 2019
Summary

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and May and Greer, JJ.  Tabor, J., takes no part.  Opinion by Greer, J.  Special Concurrence by May, J.  (10 pages)

            Francisco De La Rosa Garcia challenges the district court’s dismissal of his application for postconviction relief.  Garcia filed his application over three years after his conviction became final, but argued his application fell under the exception to the statutory time-bar.  OPINION HOLDS: The Iowa Supreme Court holding in Morales Diaz v. State, 896 N.W.2d 723, 732 (Iowa 2017), is not a new ground of law.  For that reason, Garcia’s application does not fall under the exception to the statutory time-bar.  We affirm the denial of Garcia’s PCR application.  SPECIAL CONCURRENCE ASSERTS: I agree the district court properly denied relief.  I write separately to suggest the district court was also correct in concluding Morales Diaz, 896 N.W.2d at 32, created a “new rule” that should not be applied retroactively.

© 2024 Iowa Judicial Branch. All Rights Reserved.