State v. Peters

GARRISON, Judge.

Richard Peters (Appellant) was committed to the Department of Mental Health on March 14,1988, after he was found not guilty *887of rape by reason of mental disease or defect excluding responsibility. He received a conditional release on December 16, 1991. This appeal arose from the denial of Appellant’s request for an unconditional release pursuant to § 552.040.1

In his sole point on this appeal, Appellant contends that the denial of his request violated due process of law because he claims the State had the burden to prove by clear and convincing evidence that he was both mentally…