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Lawrence Larry McCoy
v.
State of Iowa
Appellant
Lawrence Larry McCoy
Appellee
State of Iowa
Attorney for the Appellant
Thomas Hurd
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Doyle and May, JJ. Opinion by May, J. Special Concurrence by Vaitheswaran, P.J. (7 pages)
Lawrence McCoy appeals the summary disposition of his second application for postconviction relief. OPINION HOLDS: Iowa Code sections 822.3 and 822.8 (2010) required dismissal. And no fact question precluded summary disposition. SPECIAL CONCURRENCE ASSERTS: I would affirm the summary dismissal of McCoy’s postconviction-relief application, but I would find it unnecessary to address section 822.8, which presumes a timely filed application.
