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STATE v. RATH

No. 42024; CA 16112.

613 P.2d 60 (1980)

46 Or.App. 695

STATE of Oregon, Respondent, v. Troy Wayne RATH, Appellant.

Court of Appeals of Oregon.

Decided June 23, 1980.

Attorney(s) appearing for the Case

Jeffrey C. Pridgeon, Newport, argued the cause for appellant. With him on the brief was Branford & Waarvick, Newport.

Christian W. Van Dyke, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before RICHARDSON, P.J., THORNTON, J., and SCHWAB, C.J.

THORNTON, Judge.

Defendant appeals pursuant to ORS 161.327(7),1 assigning as error that there was insufficient evidence from which the trial court have found (1) that he presented "a substantial danger to himself or others," and (2) was not "a proper subject for conditional release," ORS 161.327(2), and that, therefore, defendant should not have been committed to a state mental hospital. We hold that there was insufficient evidence as...

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