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STATE v. DUDLEY

No. WD 49659.

903 S.W.2d 581 (1995)

STATE of Missouri, Respondent, v. James DUDLEY, Jr., Appellant.

Missouri Court of Appeals, Western District.

July 5, 1995.

Attorney(s) appearing for the Case

Pattie Shostak, Asst. Public Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., David G. Brown, Asst. Atty. Gen., Jefferson City, for respondent.

Before KENNEDY, P.J., and SMART and LAURA DENVIR STITH, JJ.

James Dudley, Jr., appeals the order of the Circuit Court of Jackson County denying his section 552.040, RSMo 1986, petition for unconditional release from the custody of the Department of Mental Health.

I. ISSUE PRESENTED FOR REVIEW

Section 552.040 states that unconditional release will be ordered only if the patient proves that he "does not have, and in the reasonable future is...

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