Detention Of Curtis Gene Brogi, Appellant V. Dshs, Respondent
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE In the Matter of the Detention of CURTIS GENE BROGI. ) ) ) STATE OF WASHINGTON, ) ) Respondent, ) ) v. ) ) CURTIS GENE BROGI, ) ) Appellant. ) ________________________________) No. 62451-2-I UNPUBLISHED OPINION FILED: December 20, 2010 Per Curiam We granted discretionary review of the trial court s September 10, 2008 order denying Curtis Brogi s request for a full hearing to determine whether he currently meets the conditions of confinement as a sexually violent predator. In denying Brogi s request, the trial court relied on the criteria set forth in the 2005 amendments to RCW 71.09.090(4). In In re Detention of McCuistion, 169 Wn.2d 633, 238 P.3d 1147, 1151 (2010), our supreme court held that the 2005 amendments are unconstitutional because they undermine meaningful annual review of SVP status consistent with minimum standards of substantive due process[.] In light of McCuistion, we accept the State s concession that Brogi is entitled to a new show cause hearing. We No. 62451-2-I/2 therefore reverse 2 No. 62451-2-I/3 the trial court s order and remand for a new show cause hearing under the pre-2005 show cause standard. See McCuistion, 238 P.3d at 1153. Reversed and remanded. FOR THE COURT: 3
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