Opinion
0205-64249; A118414.
Submitted on record and briefs February 6, 2004.
Filed: March 10, 2004.
Appeal from Circuit Court, Multnomah County. Julia A. Philbrook, Judge pro tempore.
Paul L. Breed filed the brief for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael C. Livingston, Assistant Attorney General, filed the brief for respondent.
Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.
PER CURIAM
Reversed.
In this mental commitment case, appellant argues that the trial court erred in committing him because there was not clear and convincing evidence that he was unable, due to his mental disorder, to provide for his basic needs. ORS 426.005(d)(B). The state concedes that the record fails to establish by clear and convincing evidence that, because of appellant's mental disorder, he is unable to provide for his basic needs. On de novo review, State v. O'Neill, 274 Or. 59, 61, 545 P.2d 97 (1976), we accept the state's concession.
Reversed.