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Joseph Mayorga Jr.
v.
State of Iowa
Appellant
Joseph Mayorga Jr.
Appellee
State of Iowa
Attorney for the Appellant
Katherine R.J. Scott
Attorney for the Appellee
Benjamin Parrott, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Considered by Tabor, P.J., Greer, J., and Carr, S.J. Opinion by Carr, S.J. (7 pages)
An applicant appeals the dismissal of his application for postconviction relief (PCR). OPINION HOLDS: Finding that Mayorga’s counsel’s failure to prepare for the PCR trial and motioning for a continuance after over a year had elapsed since the PCR trial date was set and on the eve of the PCR trial amounted to Mayorga being constructively without counsel, and thus finding structural error, we reverse the court’s dismissal of the PCR application and remand for further proceedings.
