from the Iowa District Court for Polk County, Robert J.
appeals the district court's order denying his motion to
correct an illegal sentence. AFFIRMED.
M. Carr of Carr & Wright, P.L.C., Des Moines, for
appellant. Jimmy L. Allen, Anamosa, appellant pro se.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., Bower, J., and Goodhue, S.J.
GOODHUE, Senior Judge.
Lee Allen appeals the district court's order denying his
motion to correct an illegal sentence, and he raises an issue
concerning restitution. We affirm the decision of the
Factual and Procedural Background
was convicted of first-degree murder and sentenced to life in
prison without parole in 1982. Allen appealed his conviction,
and the conviction was affirmed. In summarizing the factual
background upon which the conviction was based, the Iowa
Supreme Court stated:
Welling's body was found lying in a pool of blood in the
living room of his home on the morning of March 6, 1982 by
his brother. The medical examiner who testified for the State
at defendant's trial determined that the cause of death
was loss of blood from multiple stab wounds in the neck,
chest, abdomen, and back. The victim had also been severely
beaten about the head and face.
State v. Allen, 348 N.W.2d 243, 245 (Iowa 1984).
developed that Allen was one of the group that formed a plan
to rob Welling, and in order to avoid identification, the
group decided it was necessary that Welling be killed.
Id. Allen was twenty-one years and ten months of age
at the time of the murder. Allen contends a life sentence
without parole is cruel and unusual punishment as a mandatory
sentence for anyone who is under twenty-five years of age at
the time of the offense and the mandatory sentence he
received should be deemed unconstitutional under both the
federal and state constitution as a violation of the
prohibition against cruel and unusual punishment.
pro se brief, Allen also contends error was committed by the
district court when it dismissed his application to show
cause why $1214.40 of his inmate account allegedly charged
for attorney fees should not be returned to him with