HORSTMAN v. STATE

No. 55634.

210 N.W.2d 427 (1973)

Jerry Elmo HORSTMAN, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

September 19, 1973.


Attorney(s) appearing for the Case

Sheridan, Sheridan & Mellick, Waukon, for appellant.

Richard C. Turner, Atty. Gen., Fred Haskins and C. Joseph Coleman, Asst. Attys. Gen., John W. Shafer, County Atty., for appellee.

Heard before MOORE, C. J., and RAWLINGS, LeGRAND, UHLENHOPP and McCORMICK, JJ.


LeGRAND, Justice.

Following his conviction for breaking and entering, petitioner was sentenced under section 708.8, The Code, to serve a term of not more than 10 years in the Men's Reformatory.

He seeks to escape that penalty by two distinct and separate avenues. First, he appeals from denial of his application for postconviction relief under chapter 663A, The Code. On the issues thus raised, we affirm the trial court.

Secondly, having failed to perfect...

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