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STATE EX REL. ROMLEY v. SUPERIOR COURT

No. 1CA-SA 00-0189.

7 P.3d 970 (2000)

198 Ariz. 164

STATE of Arizona ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona in and for the County of Maricopa, the Honorable Michael A. Yarnell, a judge thereof, Respondent, Joel Dee Clements, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department C.

August 24, 2000.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney By Rosa Mroz, Deputy County Attorney, Phoenix, for Petitioner

Daniel R. Raynak, Phoenix, for Real Party in Interest

OPINION

EHRLICH, Judge.

¶ 1 The State seeks special-action relief from the ruling of the superior court that an eight-person jury must reach a unanimous verdict to commit Joel Dee Clements as a sexually violent person in accord with Arizona's Sexually Violent Persons Act ("Act"). ARIZ.REV.STAT. ANN. ("A.R.S.") § 36-3701 et seq. We conclude that the court erred in deciding that the Act's evidentiary standard of "beyond a reasonable doubt...

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