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Case No. 19-0131

Ronald Dean Agee
v.
State of Iowa

Appellant

Ronald Dean Agee

Appellee

State of Iowa

Attorney for the Appellant

Ronald Agee, pro se

Attorney for the Appellee

John R. Lundquist, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0131
Date Published:
Nov 06, 2019
Summary

            Appeals from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge (19-0345) and the Iowa District Court for Jasper County, Thomas P. Murphy, Judge (19-0131).  AFFIRMED ON BOTH APPEALS. Considered by Potterfield, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Ronald Agee appeals the district court’s dismissal of his petition for writ of habeas corpus and denial of his motion to correct an illegal sentence.  Agee argues he can pursue his claims through a petition for habeas corpus and also that he was entitled to an automatic discharge of his lifetime special sentence after ten years with credit for time served in prison.  OPINION HOLDS: Agee committed a public offense; for that reason a writ of habeas corpus is unavailable to him.  Iowa Code section 903B.1 (2007) provides for a lifetime special sentence and the length of the sentence for the criminal offense is irrelevant.  Unless the Iowa Board of Parole decides to discharge his special sentence, Agee is required to comply with its terms for the rest of his life or face revocation of release.  We affirm both district court rulings.

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