In re the Detention of Cherry

¶1 Gary Eugene Cherry appeals the trial court’s refusal to sign an agreed order granting him unconditional release from commitment as a sexually violent predator (SVP) and the trial court’s subsequent refusal to grant him a jury trial on the issue of unconditional release. We reverse and remand for entry of an order granting Cherry unconditional release.

FACTS

¶2 Cherry was civilly committed as an SVP in 1999. At the beginning of 2003, he was conditionally released from the Special Commitment Center (SCC) to a less restrictive alternative on McNeil Island and, at the end of 2003, he was…