State of Iowa v. Peter Kelly Long

TABOR, Judge.

Peter Long appeals the dismissal of his request for a restitution hearing. The district court ruled Long's June 2016 motion was untimely because the State submitted a restitution plan in January 2012. Because Iowa Code section 910.7 permits an offender to petition for a hearing "[a]t any time during the period of probation, parole, or incarceration," and Long is incarcerated, his motion was timely and the district court should have assessed its merits. We reverse and remand for such an assessment.

I. Facts and Prior Proceedings

In 2010, a jury found Long guilty of sexual abuse in…