State v. Canchola

The State of Missouri appeals the circuit court’s grant of Philip J. Canchola’s application for unconditional release from the custody of the Missouri Department of Mental Health pursuant to § 552.040.1 The respondent was committed to the Department of Mental Health after he was found not guilty of first-degree assault, § 565.050, by reason of a mental disease or defect. Appellant claims that the trial court erred in granting respondent’s application in that: (1) respondent failed to present clear and convincing evidence to satisfy his burden of persuasion under § 552.040.6; (2) respondent…