State v. X. W.-R. (In re X. W.-R.)

Full title: In the Matter of X. W.-R., a Person Alleged to have Intellectual…

Court: COURT OF APPEALS OF THE STATE OF OREGON

Date published: Sep 12, 2018

294 Or. App. 123 (Or. Ct. App. 2018)

425 P.3d 509

Opinion

A166947

09-12-2018

In the Matter of X. W.-R., a Person Alleged to have Intellectual Disabilities. STATE of Oregon, Respondent, v. X. W.-R., Appellant.

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, filed the brief for respondent.

PER CURIAM.

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Garrett, Judge, and Powers, Judge.

PER CURIAMIn this involuntary commitment case, defendant appeals a judgment committing him to the custody of the Department of Human Services for a period not to exceed one year. ORS 427.290. Appellant argues that the trial court erred in concluding that, due to an intellectual disability, he was a danger to others and unable to care for his basic personal needs. ORS 427.215. The state concedes that the record lacks clear and convincing evidence to support an order for involuntary commitment and that the trial court’s order should be reversed. We accept the state’s concession. Accordingly, we reverse the judgment of commitment.

Reversed.