State v. F. C.

Appellant seeks reversal of a judgment committing her to the custody of the Mental Health Division, ORS 426.130(l)(b)(C), based on a finding that, because of a mental disorder, she was dangerous to herself, ORS 426.005(l)(e)(A).1 Appellant contends on appeal that the state failed to establish by clear and convincing evidence that she presented a danger to herself. We agree and, accordingly, reverse.

We review the facts de novo. State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976).2 Appellant suffers from psychosis and paranoia. In the two months before her commitment hearing, she underwent three…