Peter Kelly Long v. State of Iowa
Peter Kelly Long v. State of Iowa
Opinion
Peter Long was convicted of third-degree sexual abuse in 2011. Because he had two 1996 convictions for lascivious acts with a child, he was sentenced to life in prison without the possibility of parole.
See
Long filed his first application for postconviction relief (PCR) in 2012. After the PCR court denied his application, Long appealed. This court affirmed.
Long v. State
, No. 15-1231,
In April 2017, Long filed a second PCR application. The State moved to dismiss the application, arguing it was untimely under Iowa Code section 822.3 (2017) (requiring PCR claims be brought within three years of the date the writ of procedendo issued following a direct appeal of a conviction) and that his claims were waived under Iowa Code section 822.8 (requiring applicants to raise all grounds available for relief in the original, supplemental, or amended PCR application). Because Long's claims were brought more than three years after procedendo issued following Long's direct appeal and the facts underlying the claims raised in his second PCR application were known or knowable during the limitations period, the PCR court found Long's claims were barred by section 822.3 and granted the State's motion to dismiss. Because we find no error in the PCR court's assessment,
see
Castro v. State
,
On appeal, Long also alleges his sentence is illegal. Although this claim was not asserted below, a challenge to an illegal sentence may be asserted at any time.
See
State v. Bruegger
,
Because no grounds exist for granting PCR, we affirm.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.