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POPEJOY v. STATE

No. 06-0102.

727 N.W.2d 383 (2006)

Douglas Scott POPEJOY, Applicant-Appellee, v. STATE of Iowa, Respondent-Appellant.

Court of Appeals of Iowa.

October 25, 2006.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, William A. Hill, Assistant Attorney General, and Harold L. Denton, County Attorney, for appellant.

Patrick E. Ingram of Mears Law Office, Iowa City, for appellee.

Considered by VOGEL, P.J., and MILLER and EISENHAUER, JJ.

MILLER, J.

The State of Iowa appeals the district court's grant of Douglas Scott Popejoy's application for postconviction relief, contending the court's interpretation of the language and intent of Iowa Code section 709.8 (2001) was incorrect. We reverse.

Popejoy was sentenced on April 25, 2001, to an indeterminate prison term of no more than ten years for neglect of a dependent person, in violation of Iowa Code section 726.3, and two terms of no more than...

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