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FAIR v. STATE

No. 34399-1-II.

161 P.3d 466 (2007)

In re the Detention of David T. FAIR, Appellant, v. STATE of Washington, Respondent.

Court of Appeals of Washington, Division 2.

July 3, 2007.

Attorney(s) appearing for the Case

James Lewis Reese III, Port Orchard, WA, for Appellant.

Sarah Sappington, Office of the Atty General, Seattle, WA, for Respondent.

PUBLISHED IN PART

VAN DEREN, A.C.J.

¶ 1 David T. Fair appeals his commitment as a sexually violent predator (SVP) under Chapter 71.09 RCW, arguing that the due process clauses of the state and federal constitutions required the State to allege and prove a recent overt act (ROA) and that the evidence was insufficient to support a finding that he is a SVP. Because Fair has been incarcerated continuously for both a sex offense and a non-sex offense, and...

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