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SMITH v. COM.

Record No. 091535.

694 S.E.2d 578 (2010)

Dwight Keith SMITH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 10, 2010.

Attorney(s) appearing for the Case

William A. Crane, for appellant.

Pamela A. Sargent, Senior Assistant Attorney General (Kenneth T. Cuccinelli II, Attorney General; Wesley G. Russell, Jr., Deputy Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, GOODWYN, and MILLETTE, JJ., and CARRICO and LACY, S.JJ.

OPINION BY Senior Justice HARRY L. CARRICO.

In this appeal in a sexually violent predator case, we decide whether the circuit court erred in holding that Dwight Keith Smith "remains a sexually violent predator and remains in need of secure inpatient hospitalization." This holding was made in Smith's fifth annual review hearing as required by Code § 37.2-910, he having been declared a sexually violent predator in 2004. The hearing resulted in an order that Smith...

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