State v. D. S.

Appellant seeks reversal of a judgment extending his involuntary commitment to the custody of the Mental Health Division, ORS 426.307, based on a finding that, because of a mental disorder, he was dangerous to others, ORS 426.005(l)(e)(A).1 He contends that the state failed to establish by clear and convincing evidence that he presented a danger to others. We agree and, accordingly, reverse.

Although we review the facts de novo, State v. F. C., 239 Or App 83, 85, 243 P3d 144 (2010); ORS 19.415 (2007),2 we first must determine the content of the record. Because appellant protested his continued…