In Re the Matter of:
Leon James Preston.

Filed June 12, 2001
Affirmed
Amundson, Judge

Sibley County District Court
File No. P-19933

Anthony F. Nerud, 325 West Main Street, Arlington, MN 55307 (for appellant)

Mike Hatch, Attorney General, Gail A. Feichtinger, Assistant Attorney General, 525 Park Street, Suite 500, St. Paul, MN 55103 (for respondent)

Considered and decided by Amundson, Presiding Judge, Klaphake, Judge, and Willis, Judge.

A pedophile who has uncontrollably committed numerous sexual assaults involving vaginal penetration, oral sexual contact, and the use of physical restraint on eight juvenile females meets the standard for indeterminate commitment as a sexual psychopathic personality and a sexually dangerous person regardless of whether the assaults involved collateral violence.

AMUNDSON, Judge

The district court ordered the indeterminate commitment of appellant as both a sexual psychopathic personality and a sexually dangerous person. Appellant argues that there is insufficient evidence to establish that he has an utter lack of power to control his sexual impulses or that he has exhibited a habitual course of misconduct in sexual matters so as to support commitment as a sexual psychopath. Appellant also argues that there is insufficient evidence to establish that he is likely to engage in harmful sexual conduct, as required for commitment as a sexually dangerous person. Lastly, Appellant argues that the court abused its discretion in imposing time constraints on the examination of expert witnesses.

This case concerns the indeterminate commitment of Leon James Preston as a sexual psychopathic personality and a sexually dangerous person pursuant to Minn. Stat.