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IN THE SUPREME COURT OF IOWA
No. 123 / 06-1233 Filed December 7, 2007 STATE OF IOWA, Appellant, vs. BENJAMIN DAVID GROVES, Appellee.

Appeal from the Iowa District Court for Polk County, Carol Egly, Judge.

The State appeals the dismissal of the trial information charging a defendant with violating section 692A.2A of the Iowa Code (2005). REVERSED AND CASE REMANDED.

Thomas J. Miller, Attorney General, Mary E. Tabor, Assistant Attorney General, John P. Sarcone, County Attorney, and Nan Horvat, Assistant County Attorney, for appellant.

Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant State Appellate Defender, for appellee.

2 WIGGINS, Justice. Benjamin Groves challenges the constitutionality of the statute that prohibits a sex offender from residing "within two thousand feet of the real property comprising a public or nonpublic elementary or secondary school, or a child care facility." Iowa Code

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