State v. Miller

The trial court committed appellant to the custody of the Mental Health Division after finding that, because of a mental disorder, she was a danger to others and was unable to provide for her basic personal needs and was not receiving the care necessary for her health or safety. ORS 426.005(l)(d)(A), (B). Appellant argues that the state did not carry its burden for involuntary commitment. On de novo review, State v. Cunningham, 190 Or App 202, 204, 78 P3d 125 (2003), we reverse.

We review the facts as they existed on the date of the commitment hearing. State v. North, 189 Or App 518, 520, 76…