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STATE v. GRATTS

No. WD 60794.

112 S.W.3d 12 (2003)

STATE of Missouri, Appellant, v. Anthony GRATTS, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 1, 2003.

Application for Transfer Denied August 26, 2003.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Greg A. Perry, Assistant Attorney General, Jefferson City, MO, for appellant.

Leon Munday, Assistant Public Defender, Kansas City, MO, for respondent.

Before ELLIS, C.J., and ULRICH and HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 1, 2003.

VICTOR C. HOWARD, Judge.

The Department of Mental Health (the Department), by and through the State of Missouri, appeals from the circuit court's judgment granting Anthony Gratts an unconditional release pursuant to section 552.040 RSMo 2000.1 The Department brings two points on appeal, each alleging that Gratts did not prove by clear and convincing evidence...

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