Duane Luverne Yates
v.
State of Iowa
Appellant
Duane Luverne Yates
Appellee
State of Iowa
Attorney for the Appellant
Michael J. Jacobsma
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
22-0159
Date Published:
Jul 13, 2023
Summary
Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge. AFFIRMED. Heard by Ahlers, P.J., Badding, J., and Carr, S.J. Tabor, J., takes no part. Opinion by Carr, S.J. (8 pages)
Duane Yates appeals the district court’s ruling that his current application for postconviction relief (PCR) is untimely. OPINION HOLDS: Yates claims a new three-year time period for filing PCR actions began when he was resentenced. We determine the three-year statute of limitations in Iowa Code section 822.3 (2004) did not begin anew when Yates was resentenced in 2015. We affirm the decision of the district court.
