Fogle v. State

JAMES M. SMART, JR., Judge.

In this case brought under the Sexually Violent Predator Act, section 632.480 through 632.513 RSMo., both parties appeal the judgment of the trial court. In the judgment, the court committed Michael Fogle to the custody of the Depart ment of Mental Health (sometimes herein referred to as “the Department”) for care, control, and treatment. The court also purported to impose special instructions on the Department concerning Fogle’s treatment and privileges.

The State appeals, arguing that the court was without authority to impose the special instructions or “special…