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STATE v. WAITES

M-80-6; CA 30881.

692 P.2d 654 (1984)

71 Or.App. 366

In the matter of Vincent Gene Waites, Alleged to Be a Mentally Ill Person, STATE of Oregon, Respondent, v. Vincent Gene WAITES, Appellant.

Court of Appeals of Oregon.

Decided December 19, 1984.

Attorney(s) appearing for the Case

Blair J. Henningsgaard, Astoria, argued the cause for appellant. On the brief were Paula J. Brownhill, and Brownhill & Henningsgaard, Astoria.

Christopher Kent, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen. and Roy Pulvers, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Appellant challenges his involuntary commitment under ORS 426.130. The issue is whether there is clear and convincing evidence that appellant is mentally ill. We review de novo, State v. O'Neill, 274 Or. 59, 61, 545 P.2d 97 (1976), and reverse.

Sometime in 1983, appellant was released from Dammasch State Hospital after having been involuntarily committed. After his release, he began to receive...

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