State v. Rath

Defendant appeals pursuant to ORS 161.327(7), 1 assigning as error that there was insufficient evidence from which the trial court could have found (1) that he presented "a substantial danger to himself or others,” and (2) was not "a proper subject for conditional release,” ORS 161.327(2), and that, therefore, defendant should not have been committed to a state mental hospital. We hold that there was insufficient evidence as a matter of law to establish that defendant was dangerous either to others or to himself.

Defendant was arrested for stealing an automobile and pleaded not guilty by…