Opinion
No. 2-310 / 01-1006
Filed February 12, 2003
Appeal from the Iowa District Court for Lee (South) County, Cynthia H. Danielson, Judge.
Wrieden appeals from a jury finding classifying him as a sexually violent predator, contending a jury instruction violated due process of law. REVERSED AND REMANDED.
Mark Smith, First Assistant State Appellate Defender, and Catherine E. Johnson, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Andrew B. Prosser and Roxanne M. Ryan, Assistant Attorneys General, for appellee.
Heard by Hecht, P.J., and Vaitheswaran and Eisenhauer, JJ.
A jury found Lenny Wrieden to be a sexually violent predator. On appeal, he contends a jury instruction did not comport with due process. Our highest court was recently persuaded by an identical contention. See In re Detention of Barnes, ___ N.W.2d ___, ___ (Iowa 2003). That opinion is dispositive. Accordingly, we reverse and remand for new trial.