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FOGLE v. KOSTER

No. WD 73815.

382 S.W.3d 139 (2012)

In the Matter of the Care and Treatment of Michael FOGLE, Respondent, v. Chris KOSTER, Attorney General, State of Missouri, and Keith Schafer, Director, Missouri Department of Mental Health, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 2, 2012.

Application for Transfer Denied November 20, 2012.

Attorney(s) appearing for the Case

James Layton , Jefferson City, MO, for Appellants.

Erika Eliason , Columbia, MO, for Respondent.

Before JAMES EDWARD WELSH, C.J., THOMAS H. NEWTON, J., and OWENS L. HULL, Sp. J.

JAMES EDWARD WELSH, Chief Judge.

The State appeals the circuit court's judgment placing special conditions on the Department of Mental Health for the commitment of Michael Fogle as a sexually violent predator. The State first asserts that the court erred in recognizing an agreement between the State and Fogle. The State contends that it did not enter an agreement with special conditions in exchange for a stipulation of facts by Fogle.

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