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MATTER OF ARNSTON

No. 46927; CA 16083.

614 P.2d 1214 (1980)

47 Or.App. 477

In the matter of Shirley Arnston, Alleged to Be a Mentally Ill Person. State of Oregon, Respondent, v. SHIRLEY ARNSTON, Appellant.

Court of Appeals of Oregon.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Vince Salvi, Metropolitan Public Defender, Portland, argued the cause and filed the brief for appellant.

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

ROBERTS, Judge.

Appellant seeks reversal of an order committing her to the custody of the Mental Health Division. Our review is de novo. State v. Nesbitt, 23 Or.App. 202, 541 P.2d 1055 (1975). We must determine whether there is clear and convincing evidence that appellant is unable to provide for her basic personal needs and is not receiving such care as is necessary for her health and safety pursuant to ORS 426.005(2).

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