Fortune v. State
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The Supreme Court vacated the order of the district court denying Defendant's application under Iowa Code 692A.128 to modify the requirement that he register as a sex offender, holding that because the district court did not have the benefit of the guidance provided in this opinion, the case must be remanded.
Defendant was convicted of three counts of lascivious acts with a child. As a result of his convictions, Defendant was a tier III sex offender and subject to lifetime registration as a sex offender. Defendant filed an application for modification of his sex offender registration requirements, but the district court denied the application, concluding that Defendant did not present a compelling reason for release from the registry. The Supreme Court vacated the decision and remanded for further proceedings, holding that the district court improperly considered a number of factors in the modification proceeding.
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