STATE v. F.C.

300902088; A141405.

243 P.3d 144 (2010)

239 Or. App. 83

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

Court of Appeals of Oregon.

Decided November 24, 2010.


Attorney(s) appearing for the Case

Ann B. Kneeland , Eugene, argued the cause and filed the brief for appellant.

Vanessa A. Nordyke , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Linda Wicks , Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.


ARMSTRONG, J.

Appellant seeks reversal of a judgment committing her to the custody of the Mental Health Division, ORS 426.130(1)(b)(C), based on a finding that, because of a mental disorder, she was dangerous to herself, ORS 426.005(1)(e)(A).1 Appellant contends on appeal that the state failed to establish by clear and convincing evidence that she presented a danger to herself. We agree and, accordingly, reverse.

We review the...

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