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IN RE DETENTION OF WILBER W.

No. 1 CA-MH 01-0008 SP.

53 P.3d 1145 (2002)

203 Ariz. 301

In re the DETENTION OF WILBER W.

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

September 11, 2002.

Attorney(s) appearing for the Case

William J. Ekstrom, Jr., Mohave County Attorney By James J. Zack, Chief Deputy County Attorney, Kingman, Attorneys for Appellee.

Janet Napolitano, Arizona Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Diane M. Acosta, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Eric J. Engan, P.C., Kingman and Kristi A. Riggins, Phoenix, Attorneys for Appellant.

Office of the Legal Advocate By Susan Sherwin and Steve Tucker, Deputy Legal Advocate, Phoenix, Amicus Curae.

OPINION

GEMMILL, Judge.

¶ 1 Based on application of due process principles enunciated by the United States Supreme Court, we uphold the constitutionality of Arizona's Sexually Violent Persons Act ("Act"). However, we vacate the finding that Appellant Wilber W. is a sexually violent person ("SVP"), and we remand for further proceedings consistent with this decision.

¶ 2 Wilber appeals from an order committing him to the Arizona Community...

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