Opinion
No. 3-942 / 03-0234
Filed February 11, 2004
Appeal from the Iowa District Court for Black Hawk County, J.D. Coil, District Associate Judge.
Randy Ray Melick appeals his sentence for his conviction for indecent exposure. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Theresa Wilson, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Sheryl Soich, Assistant Attorney General, Thomas Ferguson, County Attorney, and Michael Bandy, Assistant County Attorney, for appellee.
Considered by Vogel, P.J., and Hecht and Vaitheswaran, JJ.
After a trial to the district court, Randy Ray Melick was found guilty of indecent exposure (enhanced as a sexually predatory offense). On January 17, 2003, Melick was sentenced to a two-year prison term and fined. Additionally, the district court ordered that Melick "shall pay a $200.00 civil penalty and register as a convicted sex offender when released from incarceration as required by statute." Melick appeals from this sentence, contending the district court abused its discretion when it ordered Melick to register as a convicted sex offender.
Our review of Melick's sentence is for correction of errors at law. State v. Sailer, 587 N.W.2d 756, 758 (Iowa 1998). We will not disturb a sentence on appeal unless the district court abused its discretion or there was a defect in the sentencing procedure, such as the consideration of impermissible factors. Id. At 758-59.
Melick specifically argues that the district court abused its discretion because it ordered him to register as a convicted sex offender for the rest of his life. Melick contends the district court is "without authority to determine the length of any future registration by the defendant." State v. Bullock, 638 N.W.2d 728, 735 (Iowa 2002). While we agree that the determination of any length of sex offender registration is an administrative decision delegated to the Department of Public Safety, id., we disagree with Melick's characterization of the record. We find nothing in the district court's sentencing order requiring Melick to register as a sex offender for the rest of his life or for any other specific length of time. The district court ordered Melick to register as a convicted sex offender "as required by statute." We conclude Melick's sentence did not exceed the authority of the district court. By ordering Melick to register "when released from incarceration as required by statute," the district court merely informed the defendant of his future obligation and did not abuse its discretion.
The State contends Melick's claim is not ripe for adjudication because Melick has not yet been released from incarceration. Id. However, we have concluded the district court did not order Melick to register for a specific length of time, and this appeal does not require us to determine the appropriate length of time for which Melick should register as a sex offender. Therefore, we see no need to dispose of Melick's claim as unripe.
For the reasons stated above, we affirm the sentence imposed by the district court.