IN RE: O.H.W. (2019)

[¶1] O.H.W. appeals the district court's order denying his petition for discharge from commitment as a sexually dangerous individual. He argues the State failed to prove by clear and convincing evidence that he has serious difficulty controlling his behavior. Under our modified clearly erroneous standard of review, we conclude the evidence supports the court's finding the State proved by clear and convincing evidence O.H.W. has serious difficulty controlling his behavior. The finding is not clearly erroneous. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

[¶2] Gerald W. VandeWalle, C.J. Jon J. Jensen Daniel J. Crothers Jerod E. Tufte William A. Neumann, S.J.[¶3] The Honorable William A. Neumann, Surrogate Judge, sitting in place of McEvers, J., disqualified.