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STATE v. POWELL

9909-67492; A107977

35 P.3d 1084 (2001)

178 Or. App. 89

In the Matter of Kathleen Powell, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Kathleen POWELL, Appellant.

Court of Appeals of Oregon.

Decided November 14, 2001.

Attorney(s) appearing for the Case

Paul L. Breed, Portland, argued the cause and filed the brief for appellant.

Kevin M. Hylton, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Appellant appeals from an order that committed her to the Mental Health Division for treatment. The order was based on a finding that appellant suffers from a mental disorder, presents a danger to herself, and is unable to provide for her basic personal needs. ORS 426.005(1)(d)(A), (B). Appellant contends that the court's findings are not supported by clear and convincing evidence as required by ORS 426.130. We agree and reverse.

Appellant's...

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