MOORE v. STATE, 755 N.W.2d 143 (Iowa App. 2008)

Moore v. State.

No. 07-0420.Court of Appeals of Iowa.
June 11, 2008.

Appeal from the Iowa District Court for Scott County, Gary D. McKenrick, Judge.

Appeal from summary disposition denying appellant’s second application for postconviction relief. AFFIRMED.

Joel Walker, DeWitt, for appellant.

Thomas J. Miller, Attorney General, Thomas Tauber, Assistant Attorney General, and Michael Walton, County Attorney, for appellee.

Considered by Sackett, C.J., and Huitink and Mahan, JJ.

SACKETT, C.J.

Demont Moore appeals from the denial of his second application for postconviction relief. He contends the court erred in granting the State’s motion to dismiss his application, following a hearing on the motion. On de novo review of his claims, see State v. Martin, 704 N.W.2d 665, 668 (Iowa 2005), we agree with the postconviction trial court’s findings and resulting dismissal. We therefore affirm. See Iowa R. App. P. 6.24(1), (4) see Manning v. State, 654 N.W.2d 555, 559-60
(Iowa 2002) (discussing summary disposition of postconviction relief applications).

AFFIRMED.