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Case No. 17-1868

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

Jeffery Wheeldon
v.
State of Iowa

Appellant

Jeffery Wheeldon

Appellee

State of Iowa

Attorneys for Appellant

Marti D. Nerenstone

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1868
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (8 pages)

            Jeffery Wheeldon appeals from the denial of his application for postconviction relief (PCR).  He maintains the PCR court should have found his application falls within an exception to the three-year statute of limitations because he was incompetent at the time of his plea and the three years following.  OPINION HOLDS: Substantial evidence supports the PCR court’s finding that Wheeldon was mentally competent at the time he entered his guilty pleas, and Wheeldon has not established he was incompetent for the three years that followed.  Thus, because Wheeldon could have timely raised his claims, his application does not meet an exception to the three-year statute of limitations.  We affirm the dismissal of Wheeldon’s PCR application.

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