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Showing posts with label Arizona. Show all posts
Showing posts with label Arizona. Show all posts

IN THE MATTER OF RANDY L

8-30-2016 Arizona:

The State of Arizona appeals from an order discharging Randy L. from the Arizona Community Protection and Treatment Center (ACPTC), arguing the superior court applied an incorrect legal standard. Because the record does not reflect the findings required for such an order, the order is vacated and this matter is remanded for further proceedings consistent with this decision.

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CONCLUSION

¶11 The order granting Randy's petition for discharge from ACPTC is vacated and this matter is remanded for further proceedings consistent with this decision. ..Source..

In re Commitment of Knott

Take note, this commitment is based on "ATTEMPTED" sex crimes. This is now the third one we have found using "attempted" as the state's basis.

2-7-2013 Arizona:

In re Commitment of Knott
No. 2 CA-MH 2012-0010-SP.

In July 2012, a jury found appellant Derek Knott to be a sexually violent person (SVP) pursuant to Arizona's Sexually Violent Persons Act, A.R.S. §§ 36-3701 through 36-3717. The trial court committed Knott to the custody of the Arizona Department of Health Services for placement in a licensed facility under the supervision of the Arizona State Hospital. On appeal, Knott challenges the court's denial of his motion for directed verdict, arguing there was insufficient evidence he had been convicted of a sexually violent offense or that he had a mental disorder that made it highly probable he would engage in future sexually violent acts, and argues the court erred when it committed him in the absence of a unanimous jury verdict. He asks that we reverse the judgment that he is a SVP and order his release. We affirm for the reasons stated below.

In re Commitment of Allen

Take note, this commitment is based on "ATTEMPTED" sex crimes. This is now the third one we have found using "attempted" as the state's basis.

1-17-2013 Arizona:

In re Commitment of Allen
No. 2 CA-MH 2012-0007-SP.

Pursuant to a plea agreement, appellant Charles Allen was convicted of two counts of attempted sexual conduct with a minor and sentenced to a fourteen-year prison term. Before the prison term was completed, the state filed a petition pursuant to A.R.S. § 36-3704 and, after a two-day trial in May 2012, a jury found Allen a sexually violent person (SVP), see A.R.S. § 36-3701(7), and the trial court ordered him committed to the Arizona Department of Health Services for placement and treatment in a licensed facility under the control of the Arizona State Hospital. Allen filed a motion for new trial, which the court denied. This appeal challenges the trial court's denial of the motion.

In Re Commitment of Derek Knott

2-7-2013 Arizona:

In July 2012, a jury found appellant Derek Knott to be a sexually violent person (SVP) pursuant to Arizona's Sexually Violent Persons Act, A.R.S. §§ 36-3701 through 36-3717. The trial court committed Knott to the custody of the Arizona Department of Health Services for placement in a licensed facility under the supervision of the Arizona State Hospital.

On appeal, Knott challenges the court's denial of his motion for directed verdict, arguing there was insufficient evidence he had been convicted of a sexually violent offense or that he had a mental disorder that made it highly probable he would engage in future sexually violent acts, and argues the court erred when it committed him in the absence of a unanimous jury verdict. He asks that we reverse the judgment that he is a SVP and order his release.

We affirm for the reasons stated below.

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..Source.. by Court of Appeals of Arizona, Division Two, Department A.

Court orders release of sex offender who didn't get trial in civil case following prison term

11-29-2013 Arizona:

PHOENIX — A man accused of being sexually violent must go free because authorities violated his rights by failing to timely schedule a trial, an Arizona appellate court ruled Friday.

The state Court of Appeals said Steven Lane Fuller was entitled to have a trial within 120 days and that a delay of more than a year means he went without treatment that might have resulted in his release.

Fuller was discharged from the state prison system in January 2012 after serving sentences for Pima County convictions for public sexual indecency and indecent exposure.

He was immediately transferred to the state mental hospital in Phoenix. That was after a Pinal County Superior Court judge granted prosecutor's request that Fuller be committed for civil proceedings on whether Fuller should receive treatment for sexual violence.