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STATE v. McMILLAN

No. 27475-6-III.

217 P.3d 374 (2009)

STATE of Washington, Appellant, v. Brian A. McMILLAN, Respondent.

Court of Appeals of Washington, Division 3.

September 17, 2009.

Attorney(s) appearing for the Case

David E. Turplesmith, Stevens County Prosecutor's Office, Colville, WA, for Appellant.

Chris A. Montgomery, Montgomery Law Firm, Colville, WA, for Respondent.

BROWN, J.

¶ 1 The trial court, exercising its fact-finding discretion, relieved sex offender, Brian A. McMillan, of his duty to register. The State appeals, contending Mr. McMillan failed to show by clear and convincing evidence that continued registration no longer served the purpose of the registration statutes. Finding no error, we affirm.

FACTS

¶ 2 In January 1998, Mr. McMillan pleaded guilty to two counts of second degree rape of a...

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