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

Full title: In the Matter of C.E., Alleged to be a Mentally Ill Person. STATE of…

Court: Court of Appeals of Oregon.

Date published: Apr 2, 2014

325 P.3d 759 (Or. Ct. App. 2014)

262 Or. App. 172

Opinion

13MH0010 A153977.

2014-04-2

In the Matter of C.E., Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. C.E., Appellant.

Deschutes County Circuit Court. Roger J. DeHoog, Judge. Janie M. Burcart filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Doug M. Petrina, Senior Assistant Attorney General, filed the brief for respondent.

PER CURIAM.

Deschutes County Circuit Court.
Roger J. DeHoog, Judge.
Janie M. Burcart filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Doug M. Petrina, Senior Assistant Attorney General, filed the brief for respondent.
Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.

PER CURIAM.

Appellant seeks reversal of a judgment committing him pursuant to ORS 426.130 for a period not to exceed 180 days. Appellant argues that, contrary to the trial court's ruling, the record does not establish by clear and convincing evidence that he is a danger to himself or others, or unable to provide for his basic needs because of a mental disorder. SeeORS 426.005(1)(e)(A), (B). The state concedes that the evidence is legally insufficient for involuntary commitment under either basis and that the judgment should be reversed. We agree, accept the state's concession, and reverse.

Reversed.