Opinion
No. 62451-2-I.
Filed: December 20, 2010. UNPUBLISHED OPINION
Appeal from a judgment of the Superior Court for Island County, No. 97-2-00476-9, Vickie I. Churchill, J., entered September 10, 2008.
Reversed and remanded by unpublished per curiam opinion.
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 therefore reverse 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.