In Re the Care & Treatment of Pogue

ROBERT S. BARNEY, Judge.

Kevin Pogue, a/k/a Kevin A. Pogue, a/k/a Kevin Anthony Pogue, a/k/a K. Po-gue (“Appellant”) appeals his commitment by a jury to secure confinement in the custody of the Department of Mental Health (“DMH”) as a sexually violent predator (“SVP”). See §§ 632.480-632.507. 1 In his sole point relied on, Appellant maintains the Probate Division of the Circuit Court (“the probate court”) erred in denying his request to submit Jury Instruction 5B which included a definition of clear and convincing evidence. 2 We affirm the judgment of the probate court.

On March 7, 2008, the…