In the Matter of Francis Arthur Oxner

Syllabus

Frances A. Oxner appeals the circuit court's order requiring him to submit to an evaluation under the Sexually Violent Predator Act (the Act), arguing the circuit court erred in finding he meets the definition of a person \convicted of [a] violent offense\ for purposes of the Act. He further contends the lapse of time between the State's filing of its petition for Oxner's evaluation as a sexually violent predator and the hearing on the State's petition constituted an unconstitutional delay. Finally, Oxner asserts the circuit court's conducting of the hearing while he was incompetent to stand trial violated his right to procedural due process. We affirm.