86633-8•In Re The Detention Of Jonathan Paul Green
Gesamter Gesetzestext
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE In re the Detention of: JONATHAN PAUL GREEN, Respondent. No. 86633-8-I DIVISION ONE UNPUBLISHED OPINION P ER CURIAM — In 2005, Jonathan Green was charged with rape in the second degree, but the charge was dismissed without prejudice after he was found incompetent to stand trial and unlikely to regain competency within a reasonable period of time. In 2020, the State filed a petition to civilly commit Green as a sexually violent predator under chapter 71.09 RCW. On April 2, 2024, the trial court granted Green’s motion for a jury trial for the threshold determination of whether he committed a predicate sexually violent act under RCW 71.09.060(2). The State sought discretionary review. While the State’s motion was pending, this court held that incompetent individuals are not entitled to a jury trial under RCW 71.09.060(2) to determine whether they committed a predicate sexually violent act. In re Detention of Ross, __ Wn. App. 2d __, 547 P.3d 278, 281, review denied, 3 Wn.3d 1011 (2024). The State and Green agreed that Ross controls and that review is appropriate. This court granted discretionary review. In light of Ross, we remand to the trial court for further proceedings consistent with that opinion. Remanded.
No. 86633-8-I/2 -2- FOR THE COURT:
1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
FILED 10/7/2024 Court of Appeals Division | State of Washington IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE In re the Detention of: No. 86633-8-| JONATHAN PAUL GREEN, DIVISION ONE Respondent. UNPUBLISHED OPINION PER CURIAM — In 2005, Jonathan Green was charged with rape in the second degree, but the charge was dismissed without prejudice after he was found incompetent to stand trial and unlikely to regain competency within a reasonable period of time. In 2020, the State filed a petition to civilly commit Green as a sexually violent predator under chapter 71.09 RCW. On April 2, 2024, the trial court granted Green’s motion for a jury trial for the threshold determination of whether he committed a predicate sexually violent act under RCW 71.09.060(2). The State sought discretionary review. While the State’s motion was pending, this court held that incompetent individuals are not entitled to a jury trial under RCW 71.09.060(2) to determine whether they committed a predicate sexually violent act. In re Detention of Ross, — Wn. App. 2d __, 547 P.3d 278, 281, review denied, 3 Wn.3d 1011 (2024). The State and Green agreed that Ross controls and that review is appropriate. This court granted discretionary review. In light of Ross, we remand to the trial court for further proceedings consistent with that opinion. Remanded. No. 86633-8-I/2 FOR THE COURT: Cohen, D. Chung, J. 1 0. -2-
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.