from the Iowa District Court for Polk County, Samantha
Sahinovic appeals the dismissal of his application for
postconviction relief. AFFIRMED.
Alexander Smith and Benjamin D. Bergmann of Parrish
Kruidenier Dunn Boles Gribble Gentry Brown & Bergmann
L.L.P., Des Moines, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee State.
Considered by Potterfield, P.J., and Mullins and Greer, JJ.
Sahinovic appeals the summary dismissal of his application
for postconviction relief (PCR). The district court dismissed
the application based on the expiration of the statute of
limitations. Arguing he timely filed his application,
Sahinovic maintains the three-year statute of limitations
began running from the date of his 2015 resentencing. We
affirm the district court ruling.
Background Facts and Proceedings.
5, 2011, Sahinovic, then seventeen years old, entered an
Alford plea to robbery in the second degree and a
guilty plea to misdemeanor forgery.The court entered his
sentence that same day. On the robbery charge, the court
sentenced him to a ten-year term of incarceration with a
mandatory minimum of seven-tenths of his sentence before
eligibility for parole. See Iowa Code §
902.12(5) (2011). He did not appeal his conviction or
sentence at this time.
the Iowa Supreme Court declared mandatory minimum sentences
for juvenile offenders unconstitutional in State v.
Lyle, 854 N.W.2d 378, 400 (Iowa 2014), Sahinovic filed a
motion to correct an illegal sentence, challenging the
constitutionality of his sentence. Using our supreme
court's guidance in Lyle, on April 27, 2015, the
district court corrected his robbery sentence to impose a
ten-year term of incarceration with the opportunity for
parole and no mandatory minimum. Along with the challenge to
his sentence, Sahinovic's motion raised other issues with
his plea and the effectiveness of his counsel. The court
denied those issues. Still unhappy with the plea agreement,
Sahinovic appealed the resentencing order, arguing the
convictions should be overturned under the plain-error
the sentence corrected but the first appeal pending, on
August 12, 2015, Sahinovic commenced this PCR action. The
State requested a stay of the PCR matter. The district court
granted a stay until resolution of the appeal of the
resentencing order. On April 27, 2016, we affirmed the
district court's resentencing order. See
Sahinovic, 2016 WL 1683039, at *2. Procedendo issued on
June 22, 2016, concluding the appeal, and the district court
lifted the stay of the PCR matter.
the stay lifted, the State moved for summary judgment,
asserting the three-year time bar under Iowa Code section
822.3 precluded Sahinovic's PCR application. The court
granted the motion for summary disposition and reasoned,
[Sahinovic]'s main argument in this matter is that his
trial counsel failed to advise him regarding the risk of
deportation prior to the entry of his guilty plea. . . . This
argument relates back to events occurring on or before July
5, 2011; however, [Sahinovic] asserts this does not preclude
the court from considering his Petition because his
conviction was not final until the date of his resentencing
in 2015. In making this argument, [Sahinovic] seeks to avoid
the dismissal of his Petition as time-barred. In contrast,