State v. Robinson

Defendant appeals from an order of the district court committing him involuntarily to the care of the Commissioner of Mental Health for ninety days. 13 V.S.A. § 4822. Defendant claims on appeal that the lower court’s order lacked a factual basis. We agree with defendant and reverse. *

On December 16, 1983, defendant was arrested by Waterbury police and charged with driving a truck without the owner’s permission. 23 V.S.A. § 1094. The arresting officer had initially stopped defendant because of his evident erratic operation of the truck. Defendant was arraigned and lodged for lack of bail.

When…