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Case No. 22-1315

Vahid Aria
v.
State of Iowa

Appellant

Vahid Aria

Appellee

State of Iowa

Attorney for the Appellant

John C. Heinicke

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1315
Date Published:
Dec 20, 2023
Summary

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (10 pages)

            Vahid Aria appeals the dismissal of his application for postconviction relief (PCR) following revocation of his deferred judgment and resentencing on a forgery charge and sentencing on his guilty plea to possession of methamphetamine.  He maintains dismissal was improper because the PCR court did not comply with statutory notice requirements under Iowa Code section 822.6(2) (2022).  Aria also argues a Double Jeopardy Clause violation in his resentencing because he did not receive credit for the days he was on probation and parole.  OPINION HOLDS: The PCR court complied with relevant procedure and there were no other notice requirements.  Aria’s resentencing did not violate the Double Jeopardy Clause as his sentences do not impose punishment greater than intended by the legislature.  So we find no merit in Aria’s “day for day probationary and parole credit” argument.  Finding no error in the dismissal of Aria’s PCR application, we affirm.

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