Matter of Fry

JOHNSON, J.,

specially concurring.

In State v. Heintz, 26 Or App 935, 939-40, 554 P2d 556 (1976), Judge Tanzer stated in a specially concurring opinion:

"The standard of proof beyond reasonable doubt, borrowed from criminal procedure, is inappropriate in a mental hearing where the issue is the degree of probability of future possibilities rather than the existence of a past fact. Yet the legislature has directed that we apply that standard and, however difficult it may be to apply, we are bound to and will find ways to make it workable.

I concur with that statement except for the comment that we…