Matter of Howell

This is an appeal from an order declaring petitioner to be a mentally ill person and committing him to the custody of the Oregon Mental Health Division. Petitioner assigns as errors the finding by the trial court that he is a mentally ill person as defined in ORS 426.005(2) 1 and the finding that he was not willing and able to participate in treatment on a voluntary basis as described in ORS 426.130(1). 2 In our de novo review, State v. O’Neill, 274 Or 59, 545 P2d 97 (1976), we conclude the evidence is insufficient to establish that petitioner is a mentally ill person.

The notice of mental…