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STATE v. WEEKLY

No. WD 61086.

107 S.W.3d 340 (2003)

STATE of Missouri, Appellant, v. Scotty J. WEEKLY, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 24, 2003.

Application for Transfer Denied July 1, 2003.

Attorney(s) appearing for the Case

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

Jon M. Krebbs, Liberty, MO, for Respondent.

Before ROBERT G. ULRICH, P.J., JAMES M. SMART, JR., and LISA WHITE HARDWICK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 24, 2003.

JAMES M. SMART, JR., Judge.

The Department of Mental Health appeals the unconditional release pursuant to section 552.040 of Scotty J. Weekly. The Department contends that the trial court did not apply the correct standards in its decision. We agree that the trial court misapplied the law. The judgment is reversed.

Statement of Facts

Scotty J. Weekly was a chronic...

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