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STATE v. ROBERTS

0105-66039; A114854.

52 P.3d 1123 (2002)

183 Or.App. 520

In the Matter of Diana Roberts, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Diana ROBERTS, Appellant.

Court of Appeals of Oregon.

Decided August 28, 2002.

Attorney(s) appearing for the Case

Laurie Bender, Portland, argued the cause and filed the brief for appellant.

Kyle J. Martin, 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 LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

The trial court found appellant to be a danger to herself because of mental illness and committed her to the Mental Health Division for a period not to exceed 180 days. She appeals. We review de novo, State v. O'Neill, 274 Or. 59, 545 P.2d 97 (1976), and reverse.

Appellant, 56 years old at the time of her hearing, lives with her husband in Portland. He adequately supports her, and she apparently

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