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WHITNELL v. STATE

No. ED 82283.

129 S.W.3d 409 (2004)

In the Matter of the Care and Treatment of Joseph H. WHITNELL, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

March 9, 2004.

Attorney(s) appearing for the Case

Emmett D. Queener, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl Caponegro Nield, Jefferson City, MO, for respondent.

CLIFFORD H. AHRENS, Presiding Judge.

Joseph Whitnell ("Whitnell") was convicted of sexual abuse in the first degree in 1992. On October 10, 2000, the State of Missouri ("state") filed a petition to civilly commit Whitnell as a sexually violent predator ("SVP") under section 632.486 RSMo 2000.1 The matter was tried before a jury in the probate division of the Circuit Court of Washington County on August 28 and 29, 2002.

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