Enrique Aboites Garcia
v.
State of Iowa
Appellant
Enrique Aboites Garcia
Appellee
State of Iowa
Attorney for the Appellant
Christine E. Branstad
Attorney for the Appellee
Kyle Hanson, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
