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STATE v. RAINBOLT

MI01-07-24; A115709

50 P.3d 1228 (2002)

182 Or. App. 668

In the Matter of Jerry Rainbolt, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Jerry RAINBOLT, Appellant.

Court of Appeals of Oregon.

Decided July 17, 2002.

Attorney(s) appearing for the Case

Gay Canaday filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Judy C. Lucas, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

WOLLHEIM, J.

Appellant appeals a judgment adjudicating him to be a mentally ill person and committing him to the Mental Health Division. The trial court committed appellant because it found that he suffers from a mental illness and was unwilling or unable to participate in treatment on a voluntary basis. On de novo review, State v. O'Neill, 274 Or. 59, 61, 545 P.2d 97 (1976), we reverse.

In mid-May 2001, appellant...

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