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SCHRIER v. STATE

No. 96-1697.

573 N.W.2d 242 (1997)

Richard SCHRIER, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

December 24, 1997.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Ann E. Brenden, Assistant Attorney General, John P. Sarcone, County Attorney, and Steve Foritano, Assistant County Attorney, for appellant.

James A. Benzoni, Des Moines, for appellee.

Considered by HARRIS, P.J., and NEUMAN, SNELL, ANDREASEN, and TERNUS, JJ.

ANDREASEN, Justice.

The State appeals from a postconviction relief order vacating the conviction of Richard L. Schrier for first-degree sexual abuse and first-degree murder and ordering a new trial on the charges. The State argues the district court did not have subject matter jurisdiction and therefore the order was void. We affirm.

I. Background Facts and Proceedings.

In 1979, Richard Schrier was convicted of first-degree sexual abuse and...

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