In Re The Detention Of: Garth Snively ( 2019 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
IN RE DETENTION OF: )
) DIVISION ONE
GARTH SNIVELY, )
) No. 79567-8-I
Petitioner )
) UNPUBLISHED OPINION
) MAY132019
_______________________________ ) FILED:
PER CURIAM — Garth Snively appeals an order denying the State’s and
Snively’s motions to dismiss the State’s petition for Snively’s continued
commitment as a sexually violent predator. Snively contends, and the State
concedes, that once the State moved to dismiss on the ground that the evidence
- including the opinions of the State’s own experts did not support a
conclusion that Snively still meets the criteria for SVP commitment, CR 41(a) and
controlling case law required the superior court to dismiss the petition. See In re
Detention of Cherry, 166 Wash. App. 70, 77, 271 P.3d 259 (2011) (where parties
presented stipulated order dismissing SVP petition, court held dismissal was
required under CR 41 and noted that “[f]orcing the State to proceed when it
cannot prove the case would be inconsistent with other SVP statutes, due
process, and the prosecutor’s ethical obligation to prosecute only cases it can
prove”). We accept the concession and remand solely for entry of the parties’
agreed order to dismiss the petition without pr-judice.
For the Court: ~i1i~
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