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STATE v. HANEY

No. 31117-8-II.

104 P.3d 36 (2005)

STATE of Washington, Respondent, v. David John HANEY, Appellant.

Court of Appeals of Washington, Division 2.

January 4, 2005.

Attorney(s) appearing for the Case

Thomas C. Duffy, Attorney at Law, Vancouver, WA, for Respondent.

David Schultz, Attorney at Law, Camas, WA, for Appellant.

BRIDGEWATER, J.

David John Haney appeals from a dismissal of his petition for final discharge from Western State Hospital where he was committed upon acquittal by reason of insanity for first degree rape. We hold that under the plain, unambiguous language of RCW 10.77.200(3), Haney was entitled to a hearing; and the court could not impose a condition that he preliminarily show a change in circumstances so as to justify a jury trial. We reverse and remand for a full...

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