STATE v. M.C.

M070528; A136041.

206 P.3d 1096 (2009)

227 Or. App. 530

In the Matter of M. C., Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. M.C., Appellant.

Court of Appeals of Oregon.

Decided April 22, 2009.


Attorney(s) appearing for the Case

Gay Canaday filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Karla H. Ferrall, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.


EDMONDS, P.J.

Appellant appeals from an order of involuntary mental commitment pursuant to ORS 426.130. On appeal, he challenges the sufficiency of the evidence to commit him. We review de novo, State v. O'Neill, 274 Or. 59, 61, 545 P.2d 97 (1976), and reverse.

The trial court found that appellant was not dangerous to himself or to others as a result of his mental disorder. However, the court concluded, "Based upon...

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