State v. M. C.

Appellant appeals from an order of involuntary mental commitment pursuant to ORS 426.130. On appeal, he challenges the sufficiency of the evidence to commit him. We review de novo, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), and reverse.

The trial court found that appellant was not dangerous to himself or to others as a result of his mental disorder. However, the court concluded, “Based upon his inability to deal with his moods; his obvious poor judgment; I would say he could not safely survive. And I really am hesitating, [M], because you’re one of the nicest guys I have dealt with…