State v. Kerrigan

Defendant appeals an order of commitment. We review de novo, State v. O’Neill, 21A Or 59, 545 P2d 97 (1976), to determine whether there was “clear and convincing evidence” that defendant was “mentally ill” and was properly committed. ORS 426.130. We affirm.

“Clear and convincing” means the “truth of the facts asserted is highly probable.” State v. Sterzicg, 47 Or App 621, 614 P2d 631 (1980). Under ORS 426.005(2), a “mentally ill person” is:

“* * * a person who, because of a mental disorder, is either:

“(a) Dangerous to himself or others; or

“(b) Unable to provide for his basic personal needs and…