Matter of Fletcher

Appellant claims that the trial court erred when it found him to be a mentally ill person as defined by ORS 426.005(2). He was conditionally released pursuant to ORS 426.130(2) and placed in the care and custody of a relative, on the condition that he participate in appropriate treatment of his manic depressive condition. The dispositive issue is whether there was clear and convincing evidence that appellant is mentally ill. We review de novo, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), and reverse.

A mentally ill person is defined by ORS 426.005 (2):

“ ‘Mentally ill person’ means a…