LOPEZ v. STATE

No. 2-66206.

318 N.W.2d 807 (1982)

James LOPEZ, Plaintiff-Appellant, v. The STATE of Iowa, Defendant-Appellee.

Court of Appeals of Iowa.

January 26, 1982.


Attorney(s) appearing for the Case

Timothy I. Markel of Meldrum & Markel, Glenwood, for plaintiff-appellant.

Thomas J. Miller, Atty. Gen., and Roxann Ryan, Asst. Atty. Gen., for defendant-appellee.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER and JOHNSON, JJ.


JOHNSON, Judge.

Defendant, James Lopez, appeals trial court's denial of his application for postconviction relief from his 1978 conviction of rape in violation of section 698.1, The Code 1977. He asserts: 1) trial court erred in sentencing him as a class B felon for violation of section 709.3(3), Supplement to the Code 1977, rather than section 709.4, Supplement to the Code 1977; 2) he was denied effective assistance of appellate counsel due to his attorney's failure...

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