State v. W. B. R.

Appellant seeks reversal of an order committing him to the Oregon Health Authority for a period of 180 days, raising three assignments of error. Specifically, appellant contends that the trial court erred in (1) finding that he had a mental illness; (2) denying his motion to dismiss the case when he was not released after the expiration of a five-day initial hold; and (3) failing to record part of the commitment hearing. As the state concedes, defendant’s second assignment of error is well taken.

Under ORS 426.232(2), a physician may detain a person for emergency care or treatment for mental…