State v. K. L.

Appellant seeks reversal of an order committing her to the custody of the Department of Human Services, ORS 426.130(1)(b)(C), which was based on a finding that, because of a mental disorder, she was a danger to others, ORS 426.005(1)(d)(A). On de novo review, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), we reverse.

Appellant, who was 53 years old at the time of the commitment hearing in August 2005, is schizophrenic and delusional. Although the record is unclear as to the extent of her physical capacities, appellant used a cane to walk and appeared at the hearing in a wheelchair.…