The Ottumwa Courier

May 15, 2013

Iowa Supreme Court rejects appeal

By MATT MILNER
Ottumwa Courier

---- — DES MOINES – The Iowa Supreme Court has rejected an appeal bid by a Wapello County man previously found to be a sexually violent predator.

Cory Blake West was convicted of assault with intent to commit sexual abuse in 2008. He was sentenced to four years in prison. Shortly before his release, the state filed a petition seeking to have him declared a sexually violent predator.

Designation of an offender as a sexually violent predator allows the state to continue incarceration “to protect the public, to respect the needs of the victims of sexually violent offenses and to encourage full, meaningful participation of sexually violent predators in treatment programs.”

The issue in West's appeal, which was rejected by the Iowa Court of Appeals, was that West's sentence included a “special sentence” of up to 10 years upon completion of the four years in prison.

That special sentence indicated West “shall begin the sentence under supervision as if on parole.” West argued the special sentence was part of his original sentence, thus the state could not initiate a trial to declare him a sexually violent predator since his sentence was not nearing completion.

The appeals court found the intent of the law anticipates filing for the trial before the offender is released, even if the release is subject to parole terms.

West then appealed to the supreme court, which turned him down.