Opinion
A163444
01-04-2018
In the Matter of C. A. S., a Person Alleged to have a Mental Illness. STATE of Oregon, Respondent, v. C. A. S., Appellant.
Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jacob Brown, Assistant Attorney General, filed the brief for respondent.
Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jacob Brown, Assistant Attorney General, filed the brief for respondent.
Before Garrett, Presiding Judge, and Powers, Judge, and Wollheim, Senior Judge.
PER CURIAMAppellant seeks reversal of a judgment committing him to the Oregon Health Authority for a period not to exceed 180 days and prohibiting him from purchasing or possessing a firearm based on a finding that he is a "person with mental illness." ORS 426.130(1)(a)(C). He contends that the state failed to prove by clear and convincing evidence that, because of a mental disorder, he is "dangerous to self," ORS 426.005(1)(f)(A), and that he was a person with a chronic mental illness under the expanded criteria, ORS 426.005(1)(f)(C). The state concedes that the evidence is legally insufficient to support the involuntary commitment on both grounds and that the judgment should be reversed. We agree, accept the state's concession, and reverse the commitment judgment.
Reversed.