From Casetext: Smarter Legal Research

State v. Spiak

Oregon Court of Appeals
May 10, 2006
135 P.3d 396 (Or. Ct. App. 2006)

Opinion

0506-66137; A128962.

Submitted on record and brief April 6, 2006.

Reversed May 10, 2006.

Appeal from Circuit Court, Multnomah County.

Lewis B. Lawrence, Judge.

Kirkland T. Roberts filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Brewer, Chief Judge, and Rosenblum, Judge.


PER CURIAM

Reversed.


Appellant in this mental commitment case appeals a judgment committing him to the Mental Health Division for treatment for a period of time not to exceed 180 days. ORS 426.130. The trial court found that appellant suffers from a mental disorder and is dangerous to himself. The state concedes that the record does not contain clear and convincing evidence that appellant is dangerous to himself. A discussion of the facts would be of no benefit to the bench, the bar, or the public. On de novo review, we find the state's concession to be well-founded and therefore accept it.

Reversed.


Summaries of

State v. Spiak

Oregon Court of Appeals
May 10, 2006
135 P.3d 396 (Or. Ct. App. 2006)
Case details for

State v. Spiak

Case Details

Full title:In the Matter of Drew Spiak, Alleged to be a Mentally Ill Person. STATE OF…

Court:Oregon Court of Appeals

Date published: May 10, 2006

Citations

135 P.3d 396 (Or. Ct. App. 2006)
135 P.3d 396