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IN RE CARE AND TREATMENT OF MILLER

No. 4618.

385 S.C. 539 (2009)

685 S.E.2d 619

In the Matter of the CARE AND TREATMENT OF James Carl MILLER, Appellant.

Court of Appeals of South Carolina.

Decided September 9, 2009.

Withdrawn, Substituted, and Refiled November 4, 2009.

Attorney(s) appearing for the Case

Appellate Defender Lanelle C. Durant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe, Assistant Attorney General Brandy A. Duncan, Assistant Attorney General William M. Blitch, Jr., all of Columbia, for Respondent.

LOCKEMY, J.:

James Carl Miller appeals the trial court's denial of his motion to dismiss, arguing the State's failure to hold a hearing within sixty days after the court found probable cause to believe Miller was a sexually violent predator requires the action be dismissed pursuant to the Sexually Violent Predator Act (the Act). We affirm.

FACTS/PROCEDURAL BACKGROUND

In 1998, the mother of a one-year-old baby walked into a room and found Miller leaning...

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