IN RE WRIGHT, 752 N.W.2d 31 (Iowa App. 2008)

In re Detention of Wright.

No. 06-0786.Court of Appeals of Iowa.
February 13, 2008.

[EDITORS’ NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).]

Appeal from the Iowa District Court for Polk County, Donna L. Paulson, Judge.

Respondent appeals his commitment as a sexually violent predator. AFFIRMED.

Mark Smith, State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Linda J. Hines and Andrew Prosser, Assistant Attorneys General, for appellee State.

Considered en banc.

PER CURIAM.

Thomas Wright appeals his commitment as a sexually violent predator under Iowa Code chapter 229A (2005). In the district court, the State demanded a jury trial under section 229A.7 (4). Wright objected on the basis that section 229A.7 (4) violates due process and equal protection rights. The district court denied Wright’s request to strike the jury demand. We affirm the decision of the district court based on the supreme court’s recent decision, In re Detention of Hennings, ___ N.W.2d ___, ___ (Iowa 2008), which determined section 229A.7 (4) does not violate a respondent’s due process or equal protection rights under the United States or Iowa Constitutions.

AFFIRMED.