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CARE AND TREATMENT OF FRANCIS v. STATE

No. SC 84980.

100 S.W.3d 807 (2003)

The Matter of the CARE AND TREATMENT OF James Alvin FRANCIS, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

April 1, 2003.

Attorney(s) appearing for the Case

Emmett D. Queener, Office of Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Alana M. Barragan-Scott, Assistant Attorney General, Jefferson City, for respondent.

PER CURIAM.

James Alvin Francis contests the jury's finding that he is a sexually violent predator. See sections 632.480 to 632.513, RSMo 2000. He claims the jury was not properly instructed because no instruction required the jury to find that he lacked volitional capacity to control his behavior.

This claim is controlled by this Court's decision in Thomas v. State, 74 S.W.3d 789 (Mo. banc 2002). The instruction...

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