State v. G. W. (In re G. W.)

Full title: In the Matter of G. W., a Person Alleged to have Mental Illness. STATE OF…

Court: COURT OF APPEALS OF THE STATE OF OREGON

Date published: Aug 28, 2019

299 Or. App. 205 (Or. Ct. App. 2019)

447 P.3d 82

Opinion

A170034

08-28-2019

In the MATTER OF G. W., a Person Alleged to have Mental Illness. State of Oregon, Respondent, v. G. W., Appellant.

Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

PER CURIAM.

Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing her to the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant contends that the trial court erred because the record does not contain clear and convincing evidence that appellant is a "person with mental illness." ORS 426.005(1)(f). The state concedes that the evidence is legally insufficient to support appellant’s commitment and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the judgment of commitment.

Reversed.