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Case No. 20-0883

Enrique Aboites Garcia
v.
State of Iowa

Appellant

Enrique Aboites Garcia

Appellee

State of Iowa

Attorneys for Appellant

Christine E. Branstad

Attorneys for Appellee

Kyle Hanson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0883
Date Published:
Jan 12, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (11 pages)

            Enrique Garcia appeals the dismissal of his fourth application for postconviction relief (PCR).  OPINION HOLDS: The district court properly granted the State’s motion to reconsider; Garcia’s actual innocence claims were properly dismissed; Allison v. State, 914 N.W.2d 866 (Iowa 2018), does not apply to Garcia’s case so that his ineffective-assistance-of-PCR-counsel claim could be heard; and Garcia did not suffer violation of his constitutional rights when the district court dismissed this PCR application.

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