Opinion
A183132
08-28-2024
In the Matter of D. S., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. D. S., Appellant.
Liza Langford filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rebecca M. Auten, Assistant Attorney General, filed 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 July 12, 2024
Lane County Circuit Court 23CC07638; Charles M. Zennache, Judge.
Liza Langford filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rebecca M. Auten, Assistant Attorney General, filed the brief for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
EGAN, J.
Appellant seeks reversal of a judgment committing her 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 suffered from a mental disorder that caused her to be unable to meet her basic needs. See ORS 426.005(1)(f)(B). We reverse.
As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.
On appeal, appellant 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. See State v. M. A. E., 299 Or.App. 231, 240, 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.