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STATE v. JOHNSON

9402-95352; CA A83238.

886 P.2d 42 (1994)

131 Or. App. 561

In the Matter of Andrew Johnson, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Andrew JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided December 7, 1994.

Attorney(s) appearing for the Case

Theresa M. Kohlhoff, Wilsonville, filed the brief, for appellant.

Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., filed the brief, for respondent.

Before ROSSMAN, P.J., and LEESON and HASELTON, JJ.

LEESON, Judge.

Appellant seeks reversal of an order committing him to the Mental Health Division. ORS 426.307(6). He contends that the state failed to prove by clear and convincing evidence that he is a mentally ill person because he is "dangerous to self." ORS 426.005(1)(d). On de novo review, State v. Weyeneth, 115 Or.App. 555, 557, 838 P.2d 1113 (1992), we reverse.

Appellant...

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