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HACKETT v. STATE6/26/1984
The petitioner, Robert Leroy Hackett, appeals from the district court's denial of habeas corpus relief. Hackett asserts that his parole revocation hearing was not held within a reasonable time after his arrest and detention for a violation of parole. We affirm.
Hackett was paroled from the Iowa State Penitentiary in May, 1982. The State of South Dakota was designated to supervise his parole. Hackett was arrested on December 30, 1982, in South Dakota for driving while intoxicated. A detainer was issued on December 31, 1982, alleging Hackett was in violation of the terms and conditions of his parole. Hackett subsequently entered a plea of guilty to a lesser charge of reckless driving. The South Dakota parole officer's report to the interstate compact administrator indicated that Hackett pleaded guilty to the charge of driving while intoxicated on January 3. The trial court found after a hearing that he entered a plea of guilty to reckless driving on January 12. In any case, a preliminary hearing on revocation of parole was held in South Dakota on January 12 and it was determined that reasonable grounds existed to believe that Hackett had violated his parole.
Hackett was returned to the Iowa State Penitentiary on January 28, 1983. The Iowa Board of Parole held a revocation hearing on April 5, 1983, and revoked Hackett's parole. This was 95 days after the detainer had originally been filed.
The record shows that Hackett received notice of the parole revocation hearing on March 29, 1983. Hackett's pro se petition for writ of habeas corpus recites that "as of this 1st day of April, 1983 . . ." he had not been afforded a revocation hearing. The petition also recites that it was executed on April 1, 1983. The parole board apparently orally revoked Hackett's parole at the parole revocation hearing on April 5. No appeal on the grounds asserted here was taken by petitioner from the board decision, nor was any reason given for his failure to appeal.
Hackett's petition for writ of habeas corpus was subsequently filed with the district court on April 15, 1983. He testified that he had mailed the petition on April 2. There is no evidence in the record concerning the discrepancy between the execution date and the filing date.
Hackett represented himself at the district court hearing on his application for a writ of habeas corpus. The district court held that under the circumstances of this case the revocation hearing was held within a reasonable time following the arrest and detention. [354 NW2d Page 249]
I. The petition for a writ of habeas corpus was filed in this case after the board of parole held its revocation hearing. Iowa Code section 663A.1 (1981) provides that the provisions of the chapter on habeas corpus do not apply to persons convicted of, or sentenced for, a public offense. Postconviction is the exclusive remedy in those situations. Kelly v. Nix, 329 N.W.2d 287, 290 (Iowa 1983). The postconviction procedures of Iowa Code section 663A specifically apply to persons who have been convicted of, or sentenced for, a public offense and who claim that their probation, parole or conditional release has been unlawfully revoked. Iowa Code § 663A.2(5). However, this court does not lose jurisdiction of the case simply because the pleading in this action should have been labeled as a postconviction proceeding. Id. at 290. Compare McElhaney v. Auger, 238 N.W.2d 797, 799 (Iowa 1976) (statutory postconviction procedure is an implementation of the right of habeas corpus).
Finally, the State does not challenge Hackett's failure to appeal the board action revoking his parole. See Frazee v. Iowa Board of Parole, 248 N.W.2d 80, 82 (Iowa 1976). Ac
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