State v. Powell

Appellant appeals from an order that committed her to the Mental Health Division for treatment. The order was based on a finding that appellant suffers from a mental disorder, presents a danger to herself, and is unable to provide for her basic personal needs. ORS 426.005(l)(d)(A), (B). Appellant contends that the court’s findings are not supported by clear and convincing evidence as required by ORS 426.130. We agree and reverse.

Appellant’s mental health probation officer telephoned appellant in September 1999 to schedule her for an office visit. During the conversation, appellant behaved…