State v. Shorett

Appellant appeals a judgment declaring her to be a mentally ill person and committing her to the Mental Health Division. The trial court found that appellant was unable to provide for her basic needs and was not receiving such care as was necessary for her health or safety. See ORS 426.005(l)(d)(B); ORS 426.130. On de novo review, ORS 19.415(3), 1 we reverse.

We consider the facts as they existed on January 23, 2003, the date of the hearing. State v. North, 189 Or App 518, 520, 76 P3d 685 (2003). At that time, appellant was being held at the Oregon State Hospital (OSH) in Salem. She had been…