Matter of Kottke

OPINION

WAHL, Justice.

This case requires us to examine the distinction drawn by the legislature between “mentally ill” and “mentally ill and dangerous” in Minn.Stat. § 253B.02, subds. 13 and 17 (1986). John Carroll Kottke was committed to the Minnesota Security Hospital as mentally ill and dangerous by order of the Hennepin County District Court on November 25, 1987. He argues on appeal that there was not clear and convincing evidence by which the trial court could find him mentally ill and dangerous as that term is defined by § 253B.02, subd. 17. We agree.

Kottke is a man of about 40 years of…