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VIERS v. STATE

No. WD 53401.

956 S.W.2d 465 (1997)

Charles VIERS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

December 16, 1997.

Attorney(s) appearing for the Case

Margaret M. Johnston, Public Defender, Fulton, for Appellant.

Mark Tracy, Asst. Pros. Atty., Callaway County, Fulton, for Respondent.

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

LOWENSTEIN, Judge.

Viers, incarcerated in the Fulton State Hospital of the Department of Mental Health, sought a conditional release under special conditions, such as living in a supportive community living facility, under § 552.040.9, RSMo 1994. The trial court denied his application saying Viers did not prove by clear and convincing evidence that he would not present a danger to others, noting that Viers had never accepted responsibility for his crime. Viers...

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