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IN RE MH 2006-000490

No. 1 CA-MH 06-0013.

154 P.3d 387 (2007)

IN RE MH 2006-000490.

Court of Appeals of Arizona, Division 1, Department A.

March 22, 2007.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney by Geraldine Roll, Deputy County Attorney, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender by Tennie B. Martin, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BARKER, Judge.

¶ 1 We address the legislative requirement for physician "opinions" in involuntary mental health proceedings under Arizona Revised Statutes ("A.R.S.") section 36-539(B) (2003). We hold that a physician's testimony that sets forth facts from which a qualifying opinion may be derived, but fails to actually set forth such an opinion, does not satisfy the statutory requirement. Accordingly, we reverse and remand.

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