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Francisco De La Rosa Garcia
v.
State of Iowa
Appellant
Francisco De La Rosa Garcia
Appellee
State of Iowa
Attorney for the Appellant
Frank Santiago
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. AFFIRMED. Considered by Potterfield, P.J., and May and Greer, JJ. Tabor, J., takes no part. Opinion by Greer, J. Special Concurrence by May, J. (10 pages)
Francisco De La Rosa Garcia challenges the district court’s dismissal of his application for postconviction relief. Garcia filed his application over three years after his conviction became final, but argued his application fell under the exception to the statutory time-bar. OPINION HOLDS: The Iowa Supreme Court holding in Morales Diaz v. State, 896 N.W.2d 723, 732 (Iowa 2017), is not a new ground of law. For that reason, Garcia’s application does not fall under the exception to the statutory time-bar. We affirm the denial of Garcia’s PCR application. SPECIAL CONCURRENCE ASSERTS: I agree the district court properly denied relief. I write separately to suggest the district court was also correct in concluding Morales Diaz, 896 N.W.2d at 32, created a “new rule” that should not be applied retroactively.
