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Murray v. State

Court of Appeal of Iowa

October 23, 2013

JAMES ANTHONY MURRAY JR., Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.

James Anthony Murray Jr. appeals from the dismissal of his application for postconviction relief.

James A. Murray, Anamosa, appellant pro se.

Magdalena B. Reese of Carr & Wright, P.L.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, John P. Sarcone, County Attorney, and Celene Gogerty, Assistant County Attorney, for appellee State.

Considered by Potterfield, P.J., and Mullins and Bower, JJ.

POTTERFIELD, P.J.

James Anthony Murray Jr. appeals from the dismissal of his third application for postconviction relief. We affirm, finding the application was barred by our three-year statute of limitations.

I. Facts and Proceedings.

This is the second time we have heard Murray's claims on appeal from the dismissal of an application for postconviction relief. See Murray v. State, No. 10– 0845, 2011 WL 1781682 (Iowa Ct. App. May 11, 2011). We adopt the facts and procedural history presented in the prior opinion.

James Anthony Murray Jr. appeals the dismissal of his second application for postconviction relief (PCR). Because the ineffective-assistance-of-counsel issue was raised in Murray's original PCR and Murray did not have sufficient reason for asserting other claims in the second PCR, we affirm. . . .
On August 16, 2004, in exchange for an agreement on sentencing (terms to be served consecutively for indeterminate term of sixteen years) and the State's promise to amend a trial information (originally charging attempted murder, second-degree sexual abuse, felon in possession of a firearm, and two counts of assault with a dangerous weapon), Murray stipulated to a trial on the minutes on reduced charges (willful injury causing bodily harm, assault with intent to commit sexual abuse, felon in possession of a firearm, and two counts of assault with a dangerous weapon) and agreed to immediate sentencing. At sentencing, the district court informed Murray:
You will have to register as a sex offender. And all of these matters are going to be contained within a written order finding your guilt based on the stipulation to the minutes of testimony and the sentencing. So before you leave here today, I am going to want you to review all of this with [your counsel]. And if you have any questions, ask him and he can help answer your questions. The court's "Order re: Finding of Guilt on Stipulation and Immediate Sentencing" provided in part:
IT IS FURTHER ORDERED that defendant shall register as a sex offender within five days of this order and keep his registration current and correct as provided in Iowa Code Chapter 692A. Further, defendant is advised that the offense of conviction is a sexually predatory offense within the meaning of Chapter 901 A of the Iowa Code. This conviction will be used to enhance any ...

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