CARTEE v. BREWER

Nos. 61656, 61701.

265 N.W.2d 730 (1978)

Elmer CARTEE, Jr., Appellant, v. Lou V. BREWER et al., Appellee. James HUGHES, Jr., Appellant, v. Roland McCAULEY et al., Appellee.

Supreme Court of Iowa.

May 17, 1978.


Attorney(s) appearing for the Case

John P. Roehrick and John C. Wellman, Des Moines, for appellants.

Richard C. Turner, Atty. Gen., Ray Sullins, Asst. Atty. Gen., and Dan Johnston, County Atty., for appellee.

En banc.


HARRIS, Justice.

In separate postconviction suits each petitioner contended § 801.5(3), The Code, supplement 1977, provides they are entitled to be sentenced anew upon their prior criminal convictions. In separate rulings filed in each action the trial courts rejected this contention. Upon petitioners' consolidated appeals we affirm.

On December 12, 1968 petitioner Cartee was convicted of second-degree murder in violation of § 690.3, The Code, 1966...

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