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WILKINS v. STATE

No. 93-1248.

522 N.W.2d 822 (1994)

Delbert E. WILKINS, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

Rehearing Denied November 21, 1994.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Thomas G. Fisher, Jr., Asst. Atty. Gen., and William H. Appel, County Atty., for appellant.

Kirk A. Daily, Webber, Gaumer, Emanuel & Daily, P.C., Ottumwa, for appellee.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, ANDREASEN, and TERNUS, JJ.

PER CURIAM.

The State was granted permission to appeal from a denial of its motion for summary disposition of Delbert Wilkins' second application for postconviction relief. The State contends Wilkins' application is time barred under Iowa Code section 822.3 (1993). We reverse the district court order and remand for summary disposition.

Wilkins has filed a second application for postconviction relief dated April 19, 1993. This application comes nine years after...

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