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IN RE DETENTION OF BERGEN

No. 59167-3-I.

195 P.3d 529 (2008)

In the Matter of the DETENTION OF Robert BERGEN. State of Washington, Respondent, v. Robert Bergen, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered September 24, 2008.

Attorney(s) appearing for the Case

Susan F. Wilk, Washington Appellate Project, Seattle, WA, for Appellant.

Joshua Choate, Office of the Washington State Attorney, Seattle, WA, for Respondent.

AGID, J.

¶ 1 Robert Bergen appeals the trial court's order denying him a less restrictive alternative (LRA) placement as a sexually violent predator (SVP). Bergen contends that by allowing the State to defeat a proposed LRA by showing that it is not in his "best interests," RCW 71.09.090 violates his right to due process because it is not narrowly tailored to justify commitment of violent sex offenders. He also challenges as unconstitutionally vague the statutory...

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