In the Matter of James Young v. State

• Court: Court of Appeals of South Carolina
• Decided: September 28, 2010
• Docket: 2010-UP-421
• Status: Unpublished

Opinion

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

In The Matter Of The Care And Treatment Of James D. Young, Respondent,

v.

The State, Appellant.

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Appeal From Pickens County
Larry R. Patterson, Circuit Court Judge

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Unpublished Opinion No. 2010-UP-421
Submitted September 1, 2010 – Filed September 28, 2010
Withdrawn, Substituted and Refiled November 1, 2010

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REVERSED AND REMANDED

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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General. Deborah R. J. Shupe, Assistant Attorney General R. Westmoreland Clarkson, Assistant Attorney General William M. Blitch, Jr., all of Columbia, for Appellant.

Appellate Defender LaNelle DuRant, of Columbia, for Respondent.

PER CURIAM:  In this civil commitment action, the State of South Carolina appeals the trial court's finding of no probable cause to conduct a full psychological evaluation on James Young, and proceed with a trial on the civil commitment of Young as a sexually violent predator pursuant to Section 44-48-30(1) of the South Carolina Code (Supp. 2009).  We reverse, pursuant to Rule 220(b)(1), SCACR, and the following authorities: Care and Treatment of Chandler v. State, 382 S.C. 250, 256, 676 S.E.2d 676, 679 (2009) (reversing the trial court's finding of no probable cause, as not reasonably supported by the evidence in light of prior similar crimes demonstrating a propensity to engage in criminal sexual conduct as well as failure to complete sex offender treatment). 

REVERSED AND REMANDED.[1]

SHORT, THOMAS, and LOCKEMY, JJ., concur.

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[1]  We decide this case without oral argument pursuant to Rule 215, SCACR.