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JOHNSTONE v. STATE

No. 01-97-00047-CV.

961 S.W.2d 385 (1997)

Mark M. JOHNSTONE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 7, 1997.

Attorney(s) appearing for the Case

Howard M. Reiner, Bellaire, for Appellant.

Michael Flemming, Dorothy S. Humbert, Houston, for Appellee.

Before ANDELL, COHEN and NUCHIA, JJ.

OPINION

ANDELL, Justice.

We are asked to decide whether there is clear and convincing evidence in the record to support the appellant's court-ordered commitment to Rusk State Hospital for no more than 90 days. We reverse, finding the evidence insufficient to support the court's finding that the appellant will, if not treated, continue to suffer severe and abnormal mental, emotional, or physical distress, and his condition will deteriorate.

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