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STATE v. L.D.

M090132; A143899.

270 P.3d 324 (2011)

247 Or. App. 394

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

Court of Appeals of Oregon.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Thomas A. Coleman , Portland, argued the cause and filed the brief for appellant.

Ryan Mack , Certified Law Student, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Kristen G. Williams , Assistant Attorney General.

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

ARMSTRONG, J.

Appellant seeks reversal of an order committing him to the custody of the Mental Health Division based on a finding that, because of a mental disorder, appellant was dangerous to himself and to others. ORS 426.005(1)(e)(A); ORS 426.130(1)(b)(C). Appellant contends that the state failed to establish by clear and convincing evidence that he presented a danger to himself or to others. We agree and, accordingly, reverse.

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