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CAPELLO v. STATE

No. 49186-5-I.

60 P.3d 620 (2002)

114 Wash.App. 739

In re the Detention of Ricardo CAPELLO, Appellant, v. STATE of Washington, Respondent.

Court of Appeals of Washington, Division 1.

December 30, 2002.

Attorney(s) appearing for the Case

Daniel Gross, Edmonds, WA, for Appellant.

Dana Cashman, Carla Carlstrom, Brooke Burbank, David Hackett, King County Prosecutor's Office, Seattle, WA, for Respondent.

SCHINDLER, J.

Ricardo Capello appeals the order determining there is probable cause to detain him for evaluation as a sexually violent predator. He argues that the hearing held pursuant to RCW 71.09.040(2) was not timely. Capello also argues that, by filing a petition to commit him as a sexually violent predator, the State breached its plea agreement with him because, if committed, he will be deprived of the community placement portion of his sentence.

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