Matter of Sterzicg

Appellant challenges his involuntary commitment under ORS 426.130. 1 He claims that the court erred in committing him without clear and convincing evidence and that the record did not support commitment for in-patient treatment when other alternatives may have been sufficiently effective and less restrictive of his liberty. We review de novo. State v. O’Neill, 274 Or 59, 61 n 3, 545 P2d 97 (1976). Because the state has not met the burden of showing by clear and convincing evidence that the appellant is mentally ill, we reverse, making it unnecessary to discuss the second issue.

After an…