State v. McNutt

¶1

Kennedy, J.

— Jack McNutt stipulated to commitment as a sexually violent predator, but reserved his right to appeal certain pretrial rulings. He contends that by denying his motion to dismiss the petition for the State’s failure to plead and prove a recent overt act, the trial court erroneously relieved the State of its burden to demonstrate current dangerousness and deprived him of due process. Because McNutt’s incarceration at the time of the petition for communicating with a minor for immoral purposes would, under the facts of the case, constitute a recent overt act if he had been…