Dewberry v. State
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In this postconviction relief case, the Supreme Court affirmed the judgment of the district court dismissing Appellant's claim without an evidentiary hearing that he was actually innocent of robbery in the first degree and that his conviction should be vacated, holding that Appellant was not innocent in any sense of the word.
Appellant pleaded guilty to robbery in the first degree, in violation of Iowa Code 711.21. This case arose out of Appellant's second application for postconviction relief. Appellant argued in his application that he was actually innocent of robbery in the first degree because a BB gun is not a dangerous weapon. The district court summarily denied application. The Supreme Court affirmed, holding (1) actual innocence requires proof of factual innocence with respect to the challenged conviction, including any lesser included offenses; and (2) Appellant did not establish a claim of actual innocence upon clear and convincing evidence that he was factually innocent of the offense of conviction.
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