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Case No. 19-2001

State of Iowa
v.
Hubert Todd, Jr.

Appellee

State of Iowa

Appellant

Hubert Todd, Jr.

Attorney for the Appellee

John R. Lundquist, Assistant Attorney General, and Kyle Crocker, Student Legal Intern

Attorney for the Appellant

John G. Daufeldt

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2001
Date Published:
Jul 21, 2021
Summary

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  WRIT SUSTAINED AND REMANDED WITH DIRECTIONS.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  Dissent by May, J.  (13 pages)

            Hubert Todd Jr. appeals the denial of his application for modification of sex offender registration requirements on the basis that he failed to complete a required sex offender treatment program (SOTP) pursuant to Iowa Code section 692A.128(2)(b) (2018).  OPINION HOLDS: On the jurisdictional issue submitted with this appeal, we choose to treat Todd’s notice of appeal and brief as a petition for writ of certiorari, we grant the writ, and we proceed to the merits.  We conclude Todd was never “required” to complete any SOTP.  Because no such programming was required, section 692A.128(2)(b) was satisfied, and the district court erred in denying Todd’s application for modification.  We sustain the writ of certiorari, and we remand the matter to the district court to exercise its discretion under section 692A.128(5) and (6) in determining whether to grant modification.  DISSENT ASSERTS: I believe sworn testimony from a treatment services manager stating Hubert Todd was ordered to complete a sex-offender treatment program (SOTP) constitutes substantial evidence to support the district court's finding that Todd was required to complete a SOTP.

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