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IN RE McCRACKEN

No. 25323.

346 S.C. 87 (2001)

551 S.E.2d 235

In the Matter of the Care and Treatment of Donald Lee McCRACKEN, Appellant.

Supreme Court of South Carolina.

Decided July 23, 2001.

Rehearing Denied September 12, 2001.

Attorney(s) appearing for the Case

Kenneth W. Gaines, of Columbia, for appellant.

Attorney General Charles M. Condon, Deputy Attorney General Treva Ashworth, Senior Assistant Attorney General Kenneth P. Woodington, and Assistant Attorney General Steven G. Heckler, all of Columbia, for respondent.

PLEICONES, Justice:

Appellant was found to be a sexually violent predator (SVP) by a jury and committed to the Department of Mental Health (DMH) for control, care, and treatment pursuant to S.C.Code Ann. § 44-48-100 (Supp.2000). He has appealed, raising both trial errors and constitutional issues. We affirm.

A. Mootness

The first issue we address is the State's contention that appellant's release from DMH's custody during the pendency...

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