State v. Baxter

Appellant seeks reversal of an order finding him to be a mentally ill person and committing him to the Mental Health Division. ORS 426.130(l)(b)(C). The trial court determined that he was mentally ill because, due to a mental disorder, he is unable to provide for his basic needs and is not receiving the care necessary for health or safety. ORS 426.005(l)(d)(B). 1 The court also determined that he was unwilling to participate in treatment on a voluntary basis. We review de novo, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), and reverse.

Appellant is schizophrenic. At various times he…