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IN THE SUPREME COURT OF IOWA
No. 99 / 05-0781 Filed December 1, 2006 STATE OF IOWA, Appellee, vs. CHRISTOPHER LAWRENCE VALIN, Appellant. ________________________________________________________________________ Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan, Judge.

Appeal from conditions of probation. REVERSED.

Linda Del Gallo, State Appellate Defender, and Shellie Knipfer, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, John P. Sarcone, County Attorney, and Ramonda Belcher Ford, Assistant County Attorney, for appellee.

2 CADY, Justice. In this appeal we must decide if special conditions of probation not directly related to the crime of conviction, but related to a prior conviction, may be imposed as a part of a sentence. decision of the district court. I. Background Facts and Proceedings. Christopher Valin was convicted of operating while intoxicated (OWI), second offense, following his arrest in September of 2004. In April 2005, the district court sentenced Valin to a term of imprisonment not to exceed two years and suspended all but seven days of the term. The We reverse the

court imposed a fine of $1500, and placed Valin on probation for two years. He was also required to undergo a substance abuse evaluation and treatment program, and attend a weekend class offered by the Des Moines Area Community College for OWI offenders. Valin was

placed under the supervision of the department of correctional services (DCS). The sentencing order specifically required Valin to "submit to the supervision of DCS during probation and . . . comply with all terms imposed by the assigned probation officer, including any additional programs and classes not set forth herein." Valin filed a notice of appeal on May 10, 2005. Valin signed a DCS probation agreement on May 19, 2005. It

contained several standard rules and conditions, but also contained the following "special conditions": 401. I shall participate in a sex offender or mental health counseling program as directed by my supervising officer. 403. I shall successfully complete the Fifth Judicial District Department of Correctional Services Sex Offender Treatment Program and comply with any treatment recommended as a result of the program.

3 404. I shall not initiate, establish, or maintain contact with victim(s) unless approved by my supervising officer. 405. I shall not initiate, establish, or maintain contact with any minor child (under the age of 18) unless approved by my supervising officer. 406. I shall not initiate, establish, or maintain contact with my children unless approved by my supervising officer. 408. I shall not reside with my children unless approved by my supervising officer. 409. I shall avoid any verbal or physical contact with any child or groups of children. I shall avoid contact with establishments, groups or organizations whose primary purpose is the care of minor children unless I have the prior written approval of my supervising officer. 411. I shall not be in possession of any sexually explicit materials, videos, books, magazines, pictures, posters, letters, etc., without express written approval from my supervising officer and a sex offender treatment team. 412. I will not subscribe, nor will I attempt to access, to the internet without prior approval from my supervising officer. I also will not engage in or visit computer-generated chat rooms under any circumstances. [Handwritten:] internet banking, check email-ONLY 801. I shall participate in the Fifth Judicial District Department of Correctional Services Sex Offender Treatment Program unless my supervising officer determines otherwise. Valin objected to the special terms of probation and filed a motion in the district court for the court to "determine" the terms of his probation. 1 Valin primarily objected to the requirement that he undergo
though Valin had already filed his original notice of appeal for his conviction, the district court did not lose jurisdiction to determine the terms of his probation. See State v. Mallett, 677 N.W.2d 775, 776

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