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Case No. 17-0539

For summaries from opinions prior to August, 2018, view PDF versions here

Michael Webster
v.
State of Iowa

Appellant

Michael Webster

Appellee

State of Iowa

Attorneys for Appellant

Alfredo Parrish and Adam C. Witosky

Attorneys for Appellee

Kelli A. Huser, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0539
Date Published:
Aug 15, 2018
Summary

            Appeal from the Iowa District Court for Polk County, Glenn E. Pille, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (12 pages)

            Michael Webster appeals the summary dismissal of his application for postconviction relief.  opinion holds: Upon our de novo review, we conclude Webster failed to establish he was similarly situated to persons convicted of second-degree robbery on or after July 1, 2016.  Moreover, Webster did not show a heightened-scrutiny analysis applied to his claim, nor did he establish there was no rational basis for the legislature’s determination not to make the sentencing provision at issue prospective only.  For all these reasons, we affirm the district court’s summary dismissal of Webster’s PCR application.

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