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STATE v. JENSEN

950564755; CA A88883.

917 P.2d 541 (1996)

141 Or. App. 391

In the Matter of Calvin Scott Jensen, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Calvin Scott JENSEN, Appellant.

Court of Appeals of Oregon.

Decided May 29, 1996.

Attorney(s) appearing for the Case

Thomas A. Coleman, Portland, argued the cause and filed the brief for appellant.

Pamela G. Wood, Assistant Attorney General, argued the cause for respondent. With her on the brief was Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before De MUNIZ, P.J., and HASELTON and ARMSTRONG, JJ.

HASELTON, Judge.

Appellant seeks reversal of an order finding him to be a mentally ill person and committing him to the Mental Health Division. ORS 426.130(1)(b)(C). On de novo review, we reverse. State v. O'Neill, 274 Or. 59, 61, 545 P.2d 97 (1976).

This case presents the novel question of whether a person who was criminally incarcerated at the time of a civil commitment hearing could be committed on a "basic...

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