State v. M. R.

Appellant seeks reversal of an order adjudicating him to be a mentally ill person and committing him to the Mental Health Division. ORS 426.130(1)(b)(C). He asserts that the state failed to prove, by clear and convincing evidence, that, because of a mental disorder, he was a danger to himself or others or was unable to provide for his basic needs. ORS 426.005(1)(d).1 On de novo review, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), we reverse.

We review the facts as they existed on the date of the commitment hearing. State v. Miller, 198 Or App 153, 155, 107 P3d 683 (2005). On April 19,…