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STATE v. ROTTINGHAUS

No. WD 71910.

310 S.W.3d 319 (2010)

STATE of Missouri, Respondent, v. Mark ROTTINGHAUS, Appellant.

Missouri Court of Appeals, Western District.

May 25, 2010.

Attorney(s) appearing for the Case

James L. McMullin, Kansas City, MO, for Appellant.

Yamini Laks, Jefferson City, MO, for Respondent.

Before VICTOR C. HOWARD, P.J., JAMES E. WELSH, and GARY D. WITT, JJ.

JAMES EDWARD WELSH, Judge.

Mark Rottinghaus appeals the circuit court's judgment denying his application for unconditional release under section 552.040, RSMo 2000. Rottinghaus asserts that the State failed to prove by clear and convincing evidence that he is presently suffering from a mental disease or defect that makes him presently dangerous to himself and others, that he is presently unable to conform his conduct to the requirements of the law, and that, in the...

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