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IN RE DETENTION OF SMITH

No. 53858-6-I.

122 P.3d 736 (2005)

130 Wash.App. 104

In re DETENTION OF Arthur SMITH, Jr., Petitioner, State of Washington, Respondent, v. Arthur Smith, Jr., Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered October 31, 2005.

Attorney(s) appearing for the Case

Brooke Elizabeth Burbank, King Co. Pros. Atty. Office, Seattle, for Respondent.

Dana M. Lind, Nielsen, Broman & Koch, Seattle, for Appellant.

COLEMAN, J.

¶ 1 Arthur Smith, Jr. was convicted in Washington of rape and sentenced to imprisonment. During his sentence, the state of Alaska filed a detainer and parole warrant for his failure to report during parole. Shortly before the end of his Washington sentence of confinement, the State filed a sexually violent predator petition under chapter 71.09 RCW.

¶ 2 During a jury trial on the petition, the prosecutor was briefly overcome with emotion...

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