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215 N.W.2d 261

State v. Schiernbeck

Supreme Court of Iowa

Decided February 20, 1974

Supreme Court of Iowa · decided 1974-02-20

Relies on State v. Wetzel · State v. Schiernbeck

Decided 1974-02-20

PER CURIAM.

¶1Defendant appeals adverse judgment in a postconviction proceeding. We affirm.

¶2Defendant was convicted of robbery without aggravation under Code § 711.3. *262He appealed, alleging in part that he was denied constitutional and statutory rights to speedy trial. We held he failed to preserve any error on that issue by not requesting a pretrial ruling on his motion to dismiss. State v. Schiernbeck, 203 N.W.2d 546 (Iowa 1973). In his postconviction petition he repeated his assertion he was denied a speedy trial, and in this appeal contends the postconviction trial court erred in denying relief on that ground.

¶3Our decision in his previous appeal that he waived any error on the speedy trial issues bars his present effort to litigate it again. § 663A.8, The Code; State v. Wetzel, 192 N.W.2d 762, 764 (Iowa 1971) (“Relitigation of previously adjudicated issues is barred.”). No reversible error has been demonstrated.

¶4Affirmed.

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