Opinion
A181759
02-07-2024
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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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.