Appeal from the Iowa District Court for Marshall County, William J. Pattinson, Judge.
Defendant appeals a district court order denying his request to modify a sentencing order.
Mark C. Smith, State Appellate Defender, and Patricia Reynolds, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Jennifer Miller, County Attorney, and Christopher Scott, Student Legal Intern for appellee.
Considered by Vogel, P.J., Bower, J., and Mahan, S.J. [*]
I. Background Facts & Proceedings.
On February 23, 2007, Michael Anderson was charged in Marshall County with sexual exploitation of a minor, an aggravated misdemeanor, in violation of Iowa Code section 728.12(3) (2007). Anderson entered a guilty plea to the charge, and the court accepted his plea. He was sentenced to a term of imprisonment not to exceed two years. This sentence was ordered to run concurrently with a sentence imposed in Story County. For the Marshall County offense Anderson was also ordered to serve a special sentence for a period of ten years pursuant to section 903B.2.
Anderson completed his two-year prison sentence in the Marshall County case and filed a motion seeking to commence the ten-year period of his special sentence. At that time, he had not completed his prison sentence on the Story County charges. The district court determined the Marshall County ten-year special sentence would commence when Anderson was released from prison following his sentence on the Story County convictions. Anderson appealed the district court's decision, and the Iowa Supreme Court reversed the district court. State v. Anderson, 782 N.W.2d 155, 159 (Iowa 2010). The case was remanded to the district court. Id. at 160.
On June 24, 2010, pursuant to the supreme court decision, the district court entered an order providing Anderson's ten-year special sentence under section 903B.2 (2007) would be calculated as if it began when he discharged the two-year Marshall County sentence. The order was subsequently clarified on June 29, 2010, to provide Anderson was committed to the custody of the director of the Iowa Department of Corrections for a period of ten years, with eligibility for parole as provided in chapter 906.
Anderson filed a pro se request for modification July 9, 2010, claiming the language of section 903B.2 required him to be placed on parole. The court had scheduled a hearing but had not ruled on Anderson's request when he filed a notice of appeal July 29, 2010. A hearing was held August 9, 2010, but the district court concluded based on the pending appeal it did not have jurisdiction to consider Anderson's concerns.
In the meantime, the State initiated proceedings under chapter 229A alleging Anderson was a sexually violent predator. On November 5, 2010, the supreme court granted a limited remand to the district court to allow it to address Anderson's request to be placed on parole. The district court entered a decision December 16, 2010, denying Anderson's request. The court determined, "Anderson has no legal entitlement to a temporary respite from incarceration or from potential civil commitment for the mere purpose of completing his section 903B.2 special sentence."
II. Standard of Review.
On issues of statutory construction, we review the district court's decision for the correction of errors of law. State v. ...