State v. North

Appellant appeals a judgment adjudicating him to be a mentally ill person and committing him to the Mental Health Division. The trial court found that appellant was unable to provide for his basic personal needs and was not receiving such care as is necessary for his health or safety. ORS 426.005(l)(d)(B). On de novo review, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), we reverse.

We consider the facts as they existed on September 28, 2001, the date of the hearing. State v. King, 177 Or App 373, 377, 34 P3d 739 (2001). At that time, appellant was 31 years old. He had been taken to…