Opinion
No. C44253, CA 9161
Argued January 16, reversed February 12, 1978
Appeal from Circuit Court, Multnomah County.
William M. Dale, Judge.
Douglas D. Hagen, Portland, argued the cause for appellant. With him on the brief were Kafoury Hagen, Portland.
Jan P. Londahl, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Al J. Laue, Solicitor General, Salem.
Before Schwab, Chief Judge, and Lee, Richardson and Joseph, Judges.
Reversed.
JOSEPH, J.
This is an appeal from an order declaring respondent to be mentally ill and committing him to the custody of the Mental Health Division under ORS ch 426.
On de novo review, we conclude that there was not sufficient evidence to support a finding beyond a reasonable doubt that at the time of the hearing ( State v. Lucas, 31 Or. App. 947, 571 P.2d 1275 (1978)) respondent was suffering from a mental disorder which caused him to be dangerous to himself or others or to be unable to provide for his basic personal needs and care within the meaning of ORS 426.005(2) as interpreted in State v. O'Neill, 274 Or. 59, 545 P.2d 97 (1975).
Reversed.