DES MOINES (AP) - A Chicago police officer is scheduled to be released from an Iowa prison on Wednesday afternoon, a day after state prosecutors decided not to seek a Supreme Court review of his case.

Michael Mette was scheduled to leave the North Central Iowa Correctional Facility in Rockwell City at about 3 p.m.

Last week, the Iowa Court of Appeals found that a district court judge erred when she ruled that Mette could have retreated from an altercation on Oct. 9, 2005, in Dubuque. The appeals court ordered that he be aquitted of assault causing serious injury, which had landed him a five-year sentence.

Mette maintained throughout the case that he hit Jake Gothard in self-defense.

The 31-year-old served about a year of the sentence. He has said he expects to quickly return to work as a Chicago police officer.