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In re Guffey

Filed: November 3, 1981.

IN THE MATTER OF: CONAN GUFFEY


Appeal by respondent from Tate, Judge. Judgment entered 5 March 1981 in District Court, Burke County. (Action docketed in Henderson County.) Heard in the Court of Appeals 12 October 1981.

Becton, Judge. Chief Judge Morris and Judge Arnold concur.

Becton

The respondent raises three arguments on his appeal: (1) that there is insufficient evidence to support the trial court's finding that respondent is dangerous to himself and others; (2) that the trial court failed to record sufficient facts to support its findings of fact and conclusion of law that the respondent was dangerous to others; and (3) that there was insufficient evidence to support the court's findings and conclusion that the respondent was mentally ill.

"Our function on appeal is simply to determine whether there was any competent evidence to support the factual findings [of the trial court]." In re Monroe, 49 N.C. App. 23, 28, 270 S.E.2d 537, 539 (1980) (citations omitted). "It is for the trier of fact to determine whether the evidence offered . . . is clear, cogent and convincing." Id., 270 S.E.2d at 539.

I

We agree with respondent that the trial court's finding that the respondent was dangerous to others is not supported by the record. This Court, in In re Monroe, enumerated three elements which must be found before a respondent can be declared dangerous to others. The trial court must find that

(1) Within the recent past

(2) Respondent has

(a) inflicted serious bodily harm on another, or

(b) attempted to inflict serious bodily harm on another, or

(c) threatened to inflict serious bodily harm on another, or

(d) has acted in such a manner as to create a substantial risk of serious ...


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