Smith v. State

AMENDED OPINION

THE COURT’S PRIOR OPINION DATED FEBRUARY 9, 2009 IS HEREBY WITHDRAWN

HORTON, Justice.

Jason Smith was incarcerated for the 1998 rape of a fifteen-year-old girl. Prior to his release, he was referred to the Sexual Offender Classification Board (the Board or SOCB) to determine whether he should be classified as a violent sexual predator (VSP). The Board classified Smith as a VSP. Smith sought judicial review of that decision. After conducting an evidentiary hearing, the district court upheld the Board’s decision. We conclude Smith’s designation was not constitutionally sound and,…