STATE v. BUNTING

0205-64249; A118414.

86 P.3d 99 (2004)

192 Or. App. 485

In the Matter of Steven Bunting, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Steven BUNTING, Appellant.

Court of Appeals of Oregon.

Decided March 10, 2004.


Attorney(s) appearing for the Case

Julia A. Philbrook, Judge pro tempore.

Paul L. Breed, Portland, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael C. Livingston, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


PER CURIAM.

In this mental commitment case, appellant argues that the trial court erred in committing him because there was not clear and convincing evidence that he was unable, due to his mental disorder, to provide for his basic needs. ORS 426.005(d)(B). The state concedes that the record fails to establish by clear and convincing evidence that, because of appellant's mental disorder, he is unable to provide for his basic needs. On de novo review, State...

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