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SHELTON v. COM.

Record No. 060280.

645 S.E.2d 914 (2007)

Leo M. SHELTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 8, 2007.

Attorney(s) appearing for the Case

Timothy W. Barbrow, Fredericksburg, for appellant.

Pamela A. Sargent, Senior Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen., Frank S. Ferguson, Deputy Atty. Gen., Nikki R. Salunga, Asst. Atty. Gen., on brief), for appellee.

Present: All the Justices.

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether the circuit court erred in denying an inmate's motion to dismiss proceedings initiated against him under the Civil Commitment of Sexually Violent Predators Act, Code §§ 37.2-900 through —920 (the Act). The inmate argued that his score on a test designed to predict sex offender recidivism fell below the minimum score qualifying an inmate

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