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IN RE CARE AND TREATMENT OF SPORN

No. 99,757.

215 P.3d 615 (2009)

In the Matter of the CARE AND TREATMENT OF Randy SPORN.

Supreme Court of Kansas.

September 18, 2009.

Attorney(s) appearing for the Case

Marc Bennett, special assistant attorney general, was on the brief for the appellant.

Gregory K. Barker, of Wichita, was on the brief for the appellee.

The opinion of the court was delivered by JOHNSON, J.:

The State appeals the district court's dismissal of its petition filed against Randy Sporn, pursuant to K.S.A. 59-29a01 et seq., the Sexually Violent Predator Act (SVPA). The State claims that the district court misinterpreted the SVPA and erred in finding that the issue of whether Sporn was a sexually violent predator was res judicata. On the facts of this case, we affirm the dismissal.

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