Matter of Hicks

Filed Sep. 16, 2009
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2009 ND 159

In the Matter of Jay Chandler Hicks

Ladd R. Erickson, State's Attorney, Plaintiff and Appellee
v.
Jay Chandler Hicks, Defendant and Appellant

No. 20090058

Appeal from the District Court of McLean County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.
AFFIRMED.
Per Curiam.
Ladd R. Erickson, State's Attorney, P.O. Box 1108, Washburn, N.D. 58577-1108, for plaintiff and appellee.
Kent M. Morrow, P.O. Box 2155, Bismarck, N.D. 58502-2155, for defendant and appellant.

Matter of Hicks
No. 20090058

Per Curiam.

[1] Jay Chandler Hicks appeals from the trial court's order concluding he is a sexually dangerous individual and committing him to the care, custody, and control of the Executive Director of the Department of Human Services under N.D.C.C. ch. 25-03.3. Hicks argues the trial court's finding that he is a sexually dangerous individual was not based on clear and convincing evidence. Hicks argues the trial court failed to give proper weight to the independent evaluator's opinion; there was not clear and convincing evidence that he was likely to engage in further acts of sexually predatory conduct; and the trial court erred when it found he had serious difficulty controlling his behavior. The trial court's order is supported by clear and convincing evidence, and the order was not induced by an erroneous view of the law.

[2] We affirm under N.D.R.App.P. 35.1(a)(2).

[3] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner