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Case No. 20-0129

Larry Dean Boring
v.
State of Iowa

Appellant

Larry Dean Boring

Appellee

State of Iowa

Attorney for the Appellant

Anne K. Wilson

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0129
Date Published:
Jun 16, 2021
Summary

               Appeal from the Iowa District Court for Jones County, Lars Anderson, Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Schumacher, J. (9 pages)

            Larry Boring appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Boring filed his notice of appeal pro se while he was represented by counsel, we dismiss his appeal.  SPECIAL CONCURRENCE ASSERTS: Rather than determining Boring's pro se notice of appeal was a nullity under Iowa Code section 822.3A, enacted on July 1, 2019, warranting a dismissal, the district court’s dismissal of the postconviction application on statute of limitation grounds should be affirmed.

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