Opinion
90-1097; CA A87117
Submitted on remand December 17, 1996.
Reversed and remanded for reconsideration March 5, 1997.
Judicial Review from Psychiatric Security Review Board.
Harris S. Matarazzo filed the brief for petitioner.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Pamela G. Wood, Assistant Attorney General, filed the brief for respondent.
Before Riggs, Presiding Judge, and Landau and Leeson, Judges.
On remand from the Oregon Supreme Court, McGowan v. PSRB, 324 Or. 17, 920 P.2d 153 (1996).
PER CURIAM
Reversed and remanded for reconsideration.
Petitioner sought review of a final order of the Psychiatric Security Review Board (PSRB) finding him under PSRB's continued jurisdiction, arguing that there was not substantial evidence to support PSRB's finding that he represents a substantial danger to others. We affirmed without opinion. McGowan v. PSRB, 139 Or. App. 600, 911 P.2d 1289 (1996). The Supreme Court vacated and remanded our decision in the light of Drew v. PSRB, 322 Or. 491, 909 P.2d 1211 (1996). McGowan v. PSRB, 324 Or. 17, 920 P.2d 153 (1996).
On de novo review, we conclude that, as in Drew, the record "contains substantial evidence that could support PSRB's finding that petitioner was a substantial danger to others." Drews, 322 Or at 499. However, also as in Drew, PSRB did not "connect its decision to that evidence," id., and that failure to connect the facts and the holding is fatal to the order. Id. at 500-01.
Reversed and remanded for reconsideration.