Brian James Maxwell v. Iowa Department of Public Safety

WATERMAN, Justice.

This appeal raises a question of first impression: whether a defendant convicted of a sex offense must register as a sex offender under Iowa Code chapter 692A (2015) during his direct appeal of the conviction. The defendant argues he had no obligation to register after posting an appeal bond to stay execution of the underlying criminal judgment and before he began serving any prison sentence or was placed on probation. The Iowa Department of Public Safety (DPS), however, construed the statute to require his registration upon his conviction for the sex offense,…