STATE v. HALLER, 95 Or. App. 752 (1989)

770 P.2d 615

In the Matter of Nancy Lee Haller, Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. NANCY LEE HALLER, Appellant.

3531; CA A49202Oregon Court of Appeals.Argued and submitted February 8, 1989
Affirmed March 22, 1989

Appeal from the Circuit Court, Coos County, Robert E. Jones, Judge pro tempore.

Kent W. Day, North Bend, argued the cause and filed the brief for appellant.

John T. Bagg, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Graber, Presiding Judge, and Riggs and Edmonds, Judges.

PER CURIAM

Affirmed.

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PER CURIAM

This is an appeal from a commitment order. ORS 426.005 et seq. We review de novo, State v. O’Neill, 274 Or. 59, 61, 545 P.2d 97 (1976), and affirm.

Two “mental health examiners,” Anders and Mills, examined appellant, the allegedly mentally ill person. See ORS 426.110. Mills examined appellant after her attorney had told him that appellant did not wish to speak with him. Appellant’s attorney was not present when Mills conducted his examination and had not been informed of the examination ahead of time. At trial, appellant moved to suppress all evidence obtained “in the course of [Mills’] interview,” relying on the Fourteenth Amendment. See State v. Mathews, 46 Or. App. 757, 613 P.2d 88, rev den 289 Or. 588 (1980), and ORS 426.100 (3)(f); see also ORS 426.110 (1). The trial court denied the motion, and that denial is the sole assignment of error.

On de novo review, we find that, even excluding Mills’ report and observations, the remaining evidence clearly and convincingly demonstrates that appellant is mentally ill and that the other statutory criteria for commitment have been met See ORS 426.130.

Affirmed.

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