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State v. B. C. (In re B. C.)

Court of Appeals of Oregon
Feb 7, 2024
330 Or. App. 627 (Or. Ct. App. 2024)

Opinion

A181759

02-07-2024

In the Matter of B. C., a Person Alleged to have Mental Illness. v. B. C., Appellant. STATE OF OREGON, Respondent,

Christopher J. O'Connor and Multnomah Defenders, Inc., fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Peenesh Shah, Assistant Attorney General, fled the brief for respondent.


This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Submitted January 5, 2024

Lane County Circuit Court 23CC03776; Charles M. Zennaché, Judge.

Christopher J. O'Connor and Multnomah Defenders, Inc., fled the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Peenesh Shah, Assistant Attorney General, fled the brief for respondent.

Before Tookey, Presiding Judge, Egan, Judge, and Kamins, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing him to the custody of the Oregon Health Authority for a period not to exceed 180 days. The trial court entered that judgment after finding that appellant is unable to provide for his basic personal needs and is not receiving care necessary to avoid serious physical harm in the near future. See ORS 426.005(1)(f)(B). On appeal, he challenges the sufficiency of the state's evidence to support the court's basic-needs determination. The state concedes that the record is legally insufficient in that regard under our caselaw. See State v. M. A. E., 299 Or.App. 231, 240-41, 448 P.3d 656 (2019) (explaining that ORS 426.005(1)(f)(B) requires a "nonspeculative risk of 'serious physical harm'-meaning that the person's safe survival will be compromised-in the near future, even though that risk is not imminent"). We agree with and accept the state's concession.

Reversed.


Summaries of

State v. B. C. (In re B. C.)

Court of Appeals of Oregon
Feb 7, 2024
330 Or. App. 627 (Or. Ct. App. 2024)
Case details for

State v. B. C. (In re B. C.)

Case Details

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

Court:Court of Appeals of Oregon

Date published: Feb 7, 2024

Citations

330 Or. App. 627 (Or. Ct. App. 2024)