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IN RE DENNIS H.
IN RE DENNIS H.
No. 1 CA-MH 11-0057 SP.
Court of Appeals of Arizona, Division One, Department B.
Filed May 29, 2012.
Thomas C. Horne, Attorney General, Phoenix, By Aubrey Joy Corcoran, Assistant Attorney General, Attorneys for Appellee.
Bruce Peterson, Maricopa County Legal Advocate, Phoenix, By Mary Beth Mitchell, Deputy Legal Advocate and Daniel R. Raynak, Phoenix, Attorneys for Appellant.
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24
MEMORANDUM DECISION
JOHNSEN, Judge
¶1 Dennis H. appeals the denial of his petition for absolute discharge from the Arizona Community Protection and Treatment Center ("ACPTC"). For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2 In 1993, Dennis was convicted of one count of molestation of a child, a Class 2 felony, and sentenced to 15 years' imprisonment. Before his release in 2007, the State filed a petition pursuant to Arizona Revised Statutes ("A.R.S.") section 36-3704 (West 2012) alleging Dennis was a sexually violent person ("SVP") who should be committed to the ACPTC for supervision and treatment.1 Dennis admitted the allegation, and the superior court found him to be an SVP and ordered his commitment.
¶3 In February 2011, Dennis petitioned for absolute discharge from ACPTC, asserting that he was no longer an SVP. During a two-day evidentiary hearing, Dr. Nicole Huggins, a psychologist at the Arizona State Hospital who conducted Dennis's annual examination, testified that Dennis's mental disorders had not changed and he remained a danger to others, likely to reoffend if discharged. Dr. Richard Samuels testified on behalf of Dennis and opined that Dennis's condition had changed, that he was no longer at risk of reoffending and that he should be unconditionally discharged from ACPTC.
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