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IN RE SIPE

No. 102,583.

239 P.3d 871 (2010)

In the Matter of the Care and Treatment of David H. SIPE.

Court of Appeals of Kansas.

September 24, 2010.

Attorney(s) appearing for the Case

Geoffrey Clark , of Wilbert & Towner, P.A., of Pittsburg, for appellant.

No appearance by appellee.

Before McANANY, P.J., CAPLINGER and BUSER, JJ.

CAPLINGER, J.

David Sipe appeals the district court's denial of his petition for discharge from the Sexual Predator Treatment Program at Larned State Security Hospital (Larned). Because we find that Sipe established probable cause entitling him to a hearing on the issue of whether he is safe to be placed in transitional release, we remand to the district court for a hearing pursuant to K.S.A. 2009 Supp. 59-29a08(c)(1).

FACTUAL AND PROCEDURAL BACKGROUND

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