STATE v. SICKLER

9403-95741; CA A83885.

889 P.2d 1301 (1995)

133 Or.App. 50

In the Matter of James Sickler, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. James SICKLER, Appellant.

Court of Appeals of Oregon.

Decided February 15, 1995.


Attorney(s) appearing for the Case

Larry J. Blake, Jr., Oregon City, argued the cause and filed the brief, for appellant.

Robert K. Lau, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


EDMONDS, Judge.

Appellant seeks reversal of an order committing him to the custody of the Oregon State Mental Health Division. He argues that the state failed to prove by clear and convincing evidence that he is a "mentally ill person" as defined by ORS 426.005(1)(d). We reverse.

We review de novo. The threshold issue in this case is whether appellant suffers from a "mental disorder" within the meaning of ORS 426.005(1)(d). ORS 426.005 et seq

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