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STATE v. D.S.

MC080027A; A140963.

258 P.3d 1250 (2011)

243 Or. App. 328

In the Matter of D.S., Alleged to be a Mentally III Person. STATE of Oregon, Respondent, v. D.S., Appellant.

Court of Appeals of Oregon.

Decided June 1, 2011.

Attorney(s) appearing for the Case

Janie M. Burcart filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Matthew J. Lysne, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

ARMSTRONG, J.

Appellant seeks reversal of a judgment extending his involuntary commitment to the custody of the Mental Health Division, ORS 426.307, based on a finding that, because of a mental disorder, he was dangerous to others, ORS 426.005(1)(e)(A).1 He contends that the state failed to establish by clear and convincing evidence that he presented a danger to others. We agree and, accordingly, reverse.

Although we review the...

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