State v. Brungard

pro tempore

Appellant petitions for review of our decision, State v. Brungard, 101 Or App 67, 789 P2d 683 (1990). We treat the petition as one for reconsideration, ORAP 9.15, allow it and adhere to our earlier opinion.

We write only to address appellant’s first point. He argues that we erred in finding that he is chronically mentally ill, because Skall was merely an investigator, not a certified examiner, as required by ORS 426.495(2). Appellant is correct about Skall’s qualifications and testimony:

“Q. Mr. Skall, are you certified by the Mental Health Division to perform certain investigations…