State v. M. L. F.

Appellant seeks reversal of a judgment committing her to the Mental Health Division on the ground that she was a danger to herself. ORS 426.130(1)(b)(C); ORS 426.005(1)(d)(A). The state defends the trial court’s determination and contends, further and alternatively, that appellant was unable to provide for her basic personal needs because of her mental disorder. ORS 426.005(1)(d)(B). On de novo review, State v. O'Neill, 21A Or 59, 61, 545 P2d 97 (1976), we reverse.

Appellant is a 60-year-old woman, with a schizo-affective disorder. At the time that she was hospitalized in December 2006,…