State of Iowa v. Corey Larvick, 20-1273

2012: Larvick pleaded guilty to incest with his older daughter (about 15–17) and was sentenced to 5 years' imprisonment and a 10-year sex-offender special sentence.
Released in 2015; special sentence discharged in 2019; classified as a Tier II offender requiring 10 years of registration from release.
In 2020 the DOC assessed Larvick as low risk to reoffend; he had completed required sex-offender treatment.
Larvick applied under Iowa Code § 692A.128 to be relieved of registration; the parties and district court agreed statutory threshold requirements were met.
The district court denied modification, citing a pattern of manipulative/controlling behavior, Larvick’s renewed relationship with his ex-wife, and a concrete safety concern for his 13‑year‑old daughter.
Larvick appealed; the appellate court held a direct appeal was the wrong procedural vehicle, converted the filing to a certiorari petition, granted the writ, and reviewed the merits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper procedure to seek review of denial	State: Denial of a modification application is not a final criminal judgment; direct appeal improper	Larvick: Proceeded by direct appeal (did not preserve procedural objection below)	Court: Direct appeal lacked jurisdiction; converted to certiorari and proceeded on the merits
Whether denial was an abuse of discretion given a low-risk assessment	State: District court properly relied on pattern of conduct and present risk to younger daughter and public safety	Larvick: Low-risk classification should control; denial despite low-risk was abuse of discretion	Court: No abuse; court permissibly considered relevant present-danger factors beyond the risk score
Whether district court impermissibly punished past conduct rather than focusing on public safety	State: Decision targeted present public-safety risk, not punishment	Larvick: Denial relied on past acts and therefore punitive	Court: Decision focused on present danger (pattern and access to victim) and public safety, not punishment

Becher v. State, 957 N.W.2d 710 (Iowa 2021) (explains threshold review and that modification relief is discretionary)
Fortune v. State, 957 N.W.2d 697 (Iowa 2021) (sets statutory threshold elements and directs courts to focus on present public-safety risk)
State v. Iowa Dist. Ct., 843 N.W.2d 76 (Iowa 2014) (describes chapter 692A’s purpose as protecting public safety)
State v. Propps, 897 N.W.2d 91 (Iowa 2017) (discusses appellate jurisdiction and converting improper appeals to proper review)
Van Sloun v. Agan Bros., Inc., 778 N.W.2d 174 (Iowa 2010) (holds subject-matter jurisdiction may be raised at any time)