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

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

Court: Court of Appeals of Oregon.

Date published: Sep 8, 2016

379 P.3d 881 (Or. Ct. App. 2016)

379 P.3d 881

Opinion

A161397

09-08-2016

In the Matter of G. B., a Person Alleged to have a Mental Illness. State of Oregon, Respondent, v. G. B., Appellant.

Eric J. Deitrick and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and David B. Thompson, Assistant Attorney General, filed the brief for respondent.

PER CURIAM.

Eric J. Deitrick and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and David B. Thompson, Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

PER CURIAMAppellant seeks reversal of a judgment entered pursuant to ORS 426.130 committing him to the Oregon Health Authority for a period not to exceed 180 days. Appellant argues that the record lacks sufficient evidence that he was a “person with mental illness” at the time of the hearing. See ORS 426.005(1)(f) (defining “[p]erson with mental illness” for purposes of ORS 426.130 ). The state concedes that the evidence in the record was legally insufficient for involuntary commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse.

Reversed.