Smith v. State

DONIELSON, Chief Judge.

Timothy Smith appeals the dismissal of his second application for posteonviction relief. We review this dismissal for the correction of errors of law. Wilkins v. State, 522 N.W.2d 822, 823 (Iowa 1994). Finding his claim was time barred under Iowa Code section 822.3, we affirm.

Smith was convicted of first-degree murder. He appealed his conviction which was affirmed by the Iowa Court of Appeals. Pro-cedendo issued on December 5, 1989. Smith filed his first application for posteonviction relief on December 27,1990. His application was denied and the denial of…