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COM v. ALLEN

Record No. 041454.

609 S.E.2d 4 (2005)

269 Va. 262

COMMONWEALTH of Virginia v. Richard Bryan ALLEN.

Supreme Court of Virginia.

March 3, 2005.

Attorney(s) appearing for the Case

Pamela A. Sargent, Senior Asst. Atty. General (Jerry W. Kilgore, Atty. General; Francis S. Ferguson, Deputy Atty. General, on brief), for appellant.

Andrea L. Moseley, Alexandria (Leibig, Moseley and Bennett, on brief), for appellee.

Present: All the Justices.

KOONTZ, Justice.

Pursuant to Code § 37.1-70.6(A), the Commonwealth petitioned the Circuit Court of the City of Alexandria to civilly commit Richard Bryan Allen as a sexually violent predator. Following a hearing, the trial court sitting without a jury determined that the Commonwealth had not met its burden of proving by clear and convincing evidence that Allen is a sexually violent predator. Accordingly, the trial court dismissed the Commonwealth's petition....

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