¶1This is an appeal from a commitment order. ORS 426.005et seq. Appellant argues that the trial court erred in determining that he is mentally ill under ORS 426.005(2)1 and in relying on facts not in evidence, including a precommitment investigation report that was made part of the record without being introduced in evidence. On de novo review, we conclude that, even if we, as well as the trial court, could properly consider the investigation report, which we need not decide, there is insufficient evidence that appellant is mentally ill within the meaning of ORS 426.005(2).
