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STATE v. CUNNINGHAM

020868606; A119327.

78 P.3d 125 (2003)

190 Or. App. 202

In the Matter of Mary Cunningham, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Mary CUNNINGHAM, Appellant.

Court of Appeals of Oregon.

Decided October 22, 2003.

Attorney(s) appearing for the Case

Thomas A. Coleman, Portland, argued the cause and filed the brief for appellant.

Celeste Mountain, Certified Law Student, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and SCHUMAN, Judge.

LANDAU, P.J.

The trial court committed appellant to the custody of the Mental Health Division on the ground that, because of a mental disorder, she was unable to provide for her basic personal needs and was not receiving the care necessary for her health or safety. ORS 426.005(1)(d)(B); ORS 426.130. On appeal, appellant argues that the state failed to carry its burden for committing her against her will. On de novo review, State v. O'Neill, 274 Or. 59...

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