State v. Rainbolt

The state petitions for reconsideration of our decision in State v. Rainbolt, 182 Or App 668, 50 P3d 1228 (2002). We grant reconsideration, modify our opinion, and adhere to our original disposition.

In our decision, we reversed appellant’s commitment to the Mental Health Division. We held that the state proved, by clear and convincing evidence, that appellant suffered from a mental disorder. Id. at 672. In addition, we held that “the record lacks clear and convincing evidence that appellant is unwilling or unable to cooperate with and benefit from voluntary treatment * * Id. at 674 (emphasis…