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Case No. 20-0429

State of Iowa
v.
Jorge Perez-Castillo

Appellee

State of Iowa

Appellant

Jorge Perez-Castillo

Attorneys for Appellee

Katie Krickbaum (until withdrawal) and Kevin Cmelik, Assistant Attorneys General

Attorneys for Appellant

Michael J. Jacobsma

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0429
Date Published:
Dec 15, 2021
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).

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