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State v. Daulton

Oregon Court of Appeals
Jul 18, 1977
566 P.2d 555 (Or. Ct. App. 1977)

Opinion

No. 12,839, CA 7310

Argued June 28, 1977

Affirmed July 18, 1977

Appeal from Circuit Court, Marion County.

Richard D. Barber, Judge.

Andrew S. Craig, Salem, argued the cause for appellant. On the brief was John W. Jensen, Salem.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were James A. Redden, Attorney General, and W. Michael Gillette, Solicitor General, Salem.


Before Schwab, Chief Judge, Thornton, Judge, and Fort, Senior Judge.

PER CURIAM.

Affirmed.


This is an appeal by a mentally ill person from an order of commitment for a period up to 180 days for further treatment entered after hearing pursuant to ORS, 426.301-426.307. No challenge is directed to the procedures employed, but is solely on the ground that the evidence was insufficient to support the court's finding at the time of the hearing that the patient was mentally ill beyond a reasonable doubt, as required by ORS 426.307. State v. G., 26 Or. App. 197, 552 P.2d 574, Sup Ct review denied (1976); State v. Heintz, 26 Or. App. 935, 554 P.2d 556 (1976); State v. Alexander, 26 Or. App. 943, 554 P.2d 524 (1976).

The briefs and the record adequately set forth the facts relied upon by the parties in support of their respective positions. Our review is de novo. State v. O'Neill, 274 Or. 59, 545 P.2d 97 (1976); State v. G., supra.

As we said in State v. G., supra at 202:

"* * * From our review of the record we conclude that the evidence does establish that as of that date [date of hearing] appellant was beyond a reasonable doubt a mentally ill person in need of further treatment. No useful purpose would be served by a detailed delineation of the evidence * * *."

We reach the same conclusion here.

Affirmed.


Summaries of

State v. Daulton

Oregon Court of Appeals
Jul 18, 1977
566 P.2d 555 (Or. Ct. App. 1977)
Case details for

State v. Daulton

Case Details

Full title:In the Matter of: Gloria Daulton, alleged to be a Mentally III Person…

Court:Oregon Court of Appeals

Date published: Jul 18, 1977

Citations

566 P.2d 555 (Or. Ct. App. 1977)
566 P.2d 555

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