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MATTER OF HOWELL

No. 81-12; CA A20151.

633 P.2d 14 (1981)

53 Or.App. 611

In the matter of Kevan Edward Howell, Alleged to Be a Mentally Ill Person. State of Oregon, Respondent, v. KEVAN EDWARD HOWELL, Appellant.

Court of Appeals of Oregon.

Decided August 24, 1981.

Attorney(s) appearing for the Case

David G. Terry, Roseburg, argued the cause and filed the brief for appellant.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

ROBERTS, Judge.

This is an appeal from an order declaring petitioner to be a mentally ill person and committing him to the custody of the Oregon Mental Health Division. Petitioner assigns as errors the finding by the trial court that he is a mentally ill person as defined in ORS 426.005(2)1 and the finding that he was not willing and able to participate in treatment on a voluntary basis as described in ORS 426.130(1).

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