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IN THE COURT OF APPEALS OF IOWA No. 7-822 / 06-1197 Filed December 28, 2007 IN RE DETENTION OF DAVID A. ELET, DAVID A. ELET, Respondent-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Calhoun County, Gary L. McMinimee, Judge.

David A. Elet appeals from the judgment entered on a jury verdict finding, following an annual review final hearing, that he was not suitable for discharge from civil commitment as a sexually violent predator under Iowa Code chapter 229A (2005). AFFIRMED.

Greta Truman, State Public Defender's Office, Civil Commitment Unit, Des Moines, for appellant. Thomas J. Miller, Attorney General, and Linda J. Hines and Andrew B. Prosser, Assistant Attorneys General, for appellee.

Heard by Huitink, P.J., and Miller and Eisenhauer, JJ.

2 MILLER, J. David A. Elet appeals from the judgment entered on a jury verdict finding, following an annual review final hearing, that he was not suitable for discharge from civil commitment as a sexually violent predator under Iowa Code chapter 229A (2005). We affirm. I. BACKGROUND FACTS AND PROCEEDINGS. The respondent, David Elet, was committed as a sexually violent predator in 2002. The mental abnormalities with which Elet was diagnosed were

pedophilia; sexual attraction to females, non-exclusive type; and a personality disorder, not otherwise specified. The State filed its third annual review report on Elet, pursuant to Iowa Code section 229A.8, on December 14, 2005. On

February 21, 2006, Elet submitted the report of a psychologist, Dr. Richard Wollert, and requested an annual review hearing pursuant to sections 229A.8(2) and (5)(d). Dr. Wollert relied, in large part, on evidence about the effect of aging and its role in reducing the recidivism rates of sex offenders. In an order filed March 10, 2006, the district court concluded Elet had met his burden under Iowa Code section 229A.8(5)(e) to establish that a final hearing should be held to determine whether his mental abnormality had so changed that he was not likely to engage in predatory acts constituting a sexually violent offense if discharged. On March 14, 2006, the State filed a demand for a jury trial on all issues that were to be decided in the final hearing pursuant to section 229A.8(6)(c). 1 It also demanded that both the issue of discharge and the issue

This section provides in relevant part, "The attorney general shall represent the state and shall have a right to demand a jury trial." Iowa Code

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