MATTER OF DIXON

MH 89 0038; CA A60079.

779 P.2d 1106 (1989)

98 Or.App. 756

In the matter of Rosalee Dixon, Alleged to Be a Mentally Ill Person, STATE of Oregon, Respondent, v. Rosalee DIXON, Appellant.

Court of Appeals of Oregon.

Decided October 11, 1989.


Attorney(s) appearing for the Case

Andrew P. Ositis, Salem, filed the brief, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and John A. Reuling, Jr., Asst. Atty. Gen., Salem, filed the brief, for respondent.

Before GRABER, P.J., JOSEPH, C.J., and RIGGS, J.


PER CURIAM.

In this commitment proceeding, the state concedes that the record does not show that the examiner appointed by the trial court was qualified under the standards in ORS 426.110(2). We accept that concession.

The state also concedes that, even though defendant does suffer from a mental disorder, the record does not show so clearly that she is "mentally ill" as defined in ORS 426.005 that we could affirm the trial court in the absence of a report...

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