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MATTER OF FRY

No. 2896; CA 10333.

584 P.2d 354 (1978)

36 Or.App. 297

In the matter of Timothy Allen Fry, Alleged to Be a Mentally Ill Person. State of Oregon, Respondent, v. TIMOTHY ALLEN FRY, Appellant.

Court of Appeals of Oregon.

Decided September 18, 1978.

Attorney(s) appearing for the Case

Duane J. McCabe, Coos County Public Defender, North Bend, argued the cause and filed the brief for appellant.

James C. Rhodes, Deputy 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 SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

Appellant seeks reversal of the court's determination that he is a mentally ill person. The sole issue presented is whether the evidence is sufficient to conclude that the appellant was a mentally ill person as defined by ORS 426.005(2)(a).1

In State v. Alexander, 26 Or.App. 943, 554 P.2d 524 (1976), we noted the necessity of making a...

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