IN RE THE DETENTION OF MICHAEL OGDEN MICHAEL OGDEN, Respondent-Appellant.
from the Iowa District Court for Plymouth County, Patrick H.
Ogden appeals his civil commitment as a sexually violent
predator. REVERSED AND REMANDED.
A. Dunn, Assistant Public Defender, for appellant.
J. Miller, Attorney General, and Jean C. Pettinger, Assistant
Attorney General, for appellee State.
by Vaitheswaran, P.J., and Tabor and Mullins, JJ.
we examine the intersection between the sexually violent
predator commitment procedures in Iowa Code chapter 229A and
the more recently enacted "special sentencing" for
sexual offenders under chapter 903B. Michael Ogden appeals
the district court's order committing him as a sexually
violent predator. He contends the district court should have
granted his motion to dismiss because he was not
"presently confined" within the meaning of Iowa
Code section 229A.4(1) (2014) when the State filed its civil
commitment petition. We agree, and because the State neither
amended its petition to allege Ogden committed a recent overt
act under section 229A.4(2) nor sought a factual
determination under that alternative predicate, we reverse
the district court's commitment order and remand for
Background Facts and Prior Proceedings
living in a residential treatment facility, then
nineteen-year-old Ogden digitally penetrated a female
resident against her will and was charged with assault with
intent to commit sex abuse-a sexually violent offense as
defined in Iowa Code section 229A.2(10) (2009). Ogden pleaded
guilty in December 2010. The district court sentenced him to
365 days in jail with all but thirty days suspended, placed
him on probation, and imposed a ten-year special sentence
under Iowa Code section 903B.2. Ogden's probation was
later revoked, and the court imposed the suspended jail
January 2012, Ogden was released from jail and placed at a
residential facility to begin serving his special sentence
under section 903B.2. Less than one year later, Ogden
reported to his parole officer that he had "nibbled
on" a female coworker's ear and "grabbed her
butt" while they were gathered with a group of other
people in a break area at his place of employment. Starting
in January 2013, Ogden was incarcerated for two years for
violating the terms of his special sentence.
November 24, 2014, shortly before Ogden's discharge of
the two-year term, the State filed a petition seeking to
commit Ogden as a sexually violent predator. Ogden filed a
motion to dismiss, asserting he was not "presently
confined" within the meaning of section 229A.4 (2014),
because at the time he violated his special sentence,
"[h]e had completed his sentence for the sexually
violent offenses and was only revoked for acts that are not
sexually violent offenses." The district court denied
Ogden's motion to dismiss, reasoning the special sentence
was part of Ogden's conviction for a sexually violent
offense and, because Ogden was still serving the special
sentence when the petition was filed, he was "presently
confined" within the meaning of the statute.
case proceeded to trial on April 12-14, 2016, and the jury
returned a verdict finding Ogden to be a sexually violent
predator. Ogden now appeals.
Scope and Standard of Review
review the district court's ruling on Ogden's motion
to dismiss for correction of legal error. See In re Det.
of Stenzel, 827 N.W.2d 690, 697 (Iowa 2013); In re
Det. of Shaffer, 769 N.W.2d 169, 172 (Iowa 2009).