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State of Iowa v. Iowa District Court For Story County

January 9, 2013

STATE OF IOWA, PETITIONER,
v.
IOWA DISTRICT COURT FOR STORY COUNTY, RESPONDENT.



Certiorari to the Iowa District Court for Story County, Timothy J. Finn, Judge.

The opinion of the court was delivered by: Vaitheswaran, J.

The State filed a petition for writ of certiorari, challenging the legality of a district court order granting a sex offender's application to modify his registration requirements pursuant to Iowa Code section 692A.128 (2011). WRIT SUSTAINED.

Heard by Eisenhauer, C.J., and Vogel and Vaitheswaran, JJ.

David Buchwald, convicted of lascivious acts with a child, upon his release from prison was required to register as a sex offender for ten years. Approximately seven years after his release, Buchwald applied to modify the registration requirement pursuant to Iowa Code section 692A.128 (2011). That code provision authorizes a reduction of the registration period under specified circumstances.

The district court granted the application and reduced the duration of Buchwald's registration period to five years. Because that period had elapsed before Buchwald filed his modification application, the court ordered Buchwald removed from the registry.

The State filed a petition for writ of certiorari, challenging the legality of the district court order. The Iowa Supreme Court granted the petition and transferred the case to this court. Our review is for errors at law. State v. Iowa Dist. Ct., 812 N.W.2d 1, 2 (Iowa 2012).

I. Analysis

Iowa Code section 692A.128 states in pertinent part:

1. A sex offender who is on probation, parole, work release, special sentence, or any other type of conditional release may file an application in district court seeking to modify the registration requirements under this chapter.

2. An application shall not be granted unless all of the following apply:

a. The date of the commencement of the requirement to register occurred at least two years prior to the filing of the application for a tier I offender and five years prior to the filing of the application for a tier II or III offender.

b. The sex offender has successfully completed all sex offender treatment programs that have been required.

c. A risk assessment has been completed and the sex offender was classified as a low risk to reoffend. The risk assessment used to assess an offender as a low risk to reoffend shall be a validated risk ...


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