State v. Audett

¶1

Madsen, J.

The Court of Appeals reversed Daniel Audett’s commitment as a sexually violent predator and remanded for new commitment proceedings based on this court’s decision in In re Detention of Williams, 147 Wn.2d 476, 55 P.3d 597 (2002), published after Audett’s trial, holding that chapter 71.09 RCW precludes the trial court from ordering a CR 35 exam in a sexually violent predator proceeding. The State contends that the Court of Appeals erred in applying Williams in this case and that it was within the trial court’s discretion to order a mental exam pursuant to CR 35. We hold that…