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STATE v. McNUTT

No. 49917-3-I.

101 P.3d 422 (2004)

124 Wash.App. 344

STATE of Washington, Respondent, v. Jack McNUTT, Appellant.

Court of Appeals of Washington, Division 1.

November 22, 2004.

Attorney(s) appearing for the Case

David Hirsch, Leslie J. Garrison, The Defender Association, Seattle, WA, for Appellant.

Joe Solseng, King County Sr. Deputy Pros. Atty, Seattle, WA, for Respondent.

KENNEDY, J.

Jack McNutt stipulated to commitment as a sexually violent predator, but reserved his right to appeal certain pre-trial rulings. He contends that by denying his motion to dismiss the petition for the State's failure to plead and prove a recent overt act, the trial court erroneously relieved the State of its burden to demonstrate current dangerousness and deprived him of due process. Because McNutt's incarceration...

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