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STATE v. SOMMERVILLE

No. 15164-6-III.

937 P.2d 1317 (1997)

86 Wash.App. 700

The STATE of Washington, Respondent, v. Timothy L. SOMMERVILLE, Appellant.

Court of Appeals of Washington, Division 3, Panel Nine.

June 12, 1997.

Attorney(s) appearing for the Case

Louis D. Fessler, Yakima, Hugh M. Spall, Jr., Ellensburg, for Appellant.

Bruce Hanify, Deputy Prosecuting Attorney, Yakima, for Respondent.

KURTZ, Judge.

Timothy L. Sommerville appeals the denial of his petition for conditional release from Eastern State Hospital contending the court erred (1) by finding the State produced substantial evidence Mr. Sommerville continues to suffer from a mental illness; (2) by finding the State produced substantial evidence Mr. Sommerville presents a substantial danger to the community; and (3) by upholding the constitutionality of RCW 10.77.150(2). We reverse.

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