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Click here for the full text of this decision FACTS: In 1987, T.H. was found not guilty of attempted murder and aggravated assault by reason of insanity. Three times from 2002 to 2004, a trial court entered further orders for T.H.’s extended commitment to inpatient mental health services treatment. Another hearing on extended commitment was conducted in 2005. Three medical experts testified at the hearing. The chief psychiatrist at T.H.’s facility testified that while T.H. was not likely to cause serious harm to himself or others, he nevertheless continued to suffer from severe and abnormal mental, emotional or physical distress. He testified that if T.H. were to leave the structured environment of the facility, the transition would have to be gradual. T.H.’s treating physician also testified. He recommended against releasing T.H. without a definite plan for outpatient treatment, also concluding that T.H. suffered from severe and abnormal mental, emotional or physical distress. Another psychologist at T.H.’s facility reviewed T.H.’s case and concluded that T.H. had a 48.1 percent chance of recidivism if he were to be released. She testified that she was unaware of any outpatient facility that could provide T.H. with the treatment and supervision he needed. The trial court ruled that T.H. was mentally ill, and that as a result of his mental illness, he was likely to cause serious harm to himself and others. The trial court also found that T.H.’s had deteriorated mentally and physically to the point where he was unable, except by reasons of indigence, to provide for his needs or make rational and informed decisions about whether to submit to treatment. Finally, finding T.H.’s condition was likely to last for at least 90 more days, the trial court extended T.H.’s commitment for another 12 months. T.H. challenges the legal sufficiency of the ruling. HOLDING: Affirmed. The court agrees with the state that the state was only required to show that a patient is mentally ill, that the condition is expected to continue for more than 90 days and that any of the findings of Health & Safety Code �574.035(a)(2) applied: that a patient either 1. posed a danger to himself, 2. posed a danger to others, or 3. experienced substantial mental or physical deterioration of his ability to function independently and was unable to make a rational and informed decision as to whether to submit to treatment. The court says it is undisputed that T.H. is mentally ill and that his condition is expected to continue for more than 90 days. Expert testimony unquestionably established that T.H. must remain under psychiatric treatment and comply with his medication and be free from the influence of drugs and alcohol in order to avoid a psychotic breakthrough. The court also notes that all three experts recommended that any transition T.H. makes to outpatient treatment be gradual. The evidence, taken as a whole, tends to confirm the likelihood of serious harm to the T.H. and others, or his distress and the deterioration of his ability to function, meeting the state’s burden of clear and convincing evidence. Consequently, the evidence was legally sufficient to support T.H.’s extended commitment. OPINION: Barajas, C.J.; Barajas, C.J., McClure and Chew, J.J.

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