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State v. S. M. B. (In re S. M. B.)

Court of Appeals of Oregon.
Sep 27, 2017
402 P.3d 787 (Or. Ct. App. 2017)

Opinion

A164229 (Control) A164230

09-27-2017

In the Matter of S. M. B., a Person Alleged to have a Mental Illness. STATE of Oregon, Respondent, v. S. M. B., Appellant.

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Robert M. Wilsey, Assistant Attorney General, filed the brief for respondent.


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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Robert M. Wilsey, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

PER CURIAMAppellant seeks reversal of a judgment committing him for a period not to exceed 180 days. ORS 426.130. Appellant contends, among other things, that the state failed to prove by clear and convincing evidence that, because of a mental disorder, he is unable to provide for his basic needs, ORS 426.005(1)(f)(B). The state concedes that the evidence is legally insufficient to support appellant's involuntary commitment on that basis and that the judgment should be reversed. We agree, accept the state's concession, and reverse the judgment of commitment.

Reversed.


Summaries of

State v. S. M. B. (In re S. M. B.)

Court of Appeals of Oregon.
Sep 27, 2017
402 P.3d 787 (Or. Ct. App. 2017)
Case details for

State v. S. M. B. (In re S. M. B.)

Case Details

Full title:In the Matter of S. M. B., a Person Alleged to have a Mental Illness…

Court:Court of Appeals of Oregon.

Date published: Sep 27, 2017

Citations

402 P.3d 787 (Or. Ct. App. 2017)
288 Or. App. 91