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IN RE DETENTION OF SMITH

No. 80144-4.

184 P.3d 1261 (2008)

In the Matter of the DETENTION OF Kim Michael SMITH, Petitioner.

Supreme Court of Washington, En Banc.

June 12, 2008.

Attorney(s) appearing for the Case

Thomas Michael Kummerow, Washington Appellate Project, Seattle, WA, for Petitioner.

Todd Richard Bowers, Attorney General-CJD, Seattle, WA, for Respondent.

PER CURIAM.

¶ 1 We held in In re Detention of Elmore, 162 Wn.2d 27, 36, 168 P.3d 1285 (2007), that a 2005 amendment to the sexually violent predator act was not retroactive. Because the facts here are substantially the same as those in Elmore, we grant Kim Smith's petition for review and reverse the Court of Appeals.

¶ 2 The trial court committed Smith as a sexually violent predator in 2002. Following...

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