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STATE v. GARIBBO

8502.95.186; CA A35232.

713 P.2d 671 (1986)

77 Or.App. 321

In the matter of Robert L. Garibbo, Alleged to Be a Mentally Ill Person, STATE of Oregon, Respondent, v. Robert L. GARIBBO, Appellant.

Court of Appeals of Oregon.

Decided January 29, 1986.

Attorney(s) appearing for the Case

Jan Peter Londahl, Portland, argued the cause and filed the brief for appellant.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.

JOSEPH, Chief Judge.

Defendant appeals from an order declaring him to be mentally ill and committing him to the custody of the Mental Health Division. We review de novo, State v. O'Neill, 274 Or. 59, 545 P.2d 97 (1976), to determine whether the state proved, by clear and convincing evidence, that defendant is dangerous to himself or others or is unable to provide for his basic needs and is not receiving the care necessary for...

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