State of Iowa
v.
Jorge Perez-Castillo
Appellee
State of Iowa
Appellant
Jorge Perez-Castillo
Attorney for the Appellee
Katie Krickbaum (until withdrawal) and Kevin Cmelik, Assistant Attorneys General
Attorney for the Appellant
Michael J. Jacobsma
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED. Considered by Bower, C.J., Schumacher, J., and Doyle, S.J. Opinion by Doyle, S.J. (5 pages)
Jorge Perez-Castillo appeals the summary dismissal of his second application for postconviction relief. OPNION HOLDS: The record establishes Perez-Castillo’s actual-innocence claim is not based on newly discovered evidence that could not have been discovered within the three-year time frame. Without newly discovered evidence, Perez-Castillo’s actual-innocence claim fails as untimely. Without an actual-innocence claim, his illegal sentence claim fails as well. His PCR action was therefore time-barred by Iowa Code section 822.3 (2016).
