State v. N.G.D. (In re N.G.D.)

Full title: In the Matter of N.G.D., Alleged to be a Mentally Ill Person. STATE of…

Court: Court of Appeals of Oregon.

Date published: Aug 21, 2013

308 P.3d 1110 (Or. Ct. App. 2013)

258 Or. App. 305

Opinion

121071260 A152815.

2013-08-21

In the Matter of N.G.D., Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. N.G.D., Appellant.

Multnomah County Circuit Court. Connie L. Isgro, Judge pro tempore. Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.

PER CURIAM.

Multnomah County Circuit Court.
Connie L. Isgro, Judge pro tempore.

Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.
Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

PER CURIAM.

Appellant seeks reversal of a judgment committing him as a mentally ill person for a period not to exceed 180 days. ORS 426.130. Appellant argues that, contrary to the trial court's ruling, the record does not establish by clear and convincing evidence that he is unable to provide for his basic needs because of a mental disorder. SeeORS 426.005(1)(e)(B). The state concedes that the evidence is legally insufficient for involuntary commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse.

Reversed.