Opinion
Nos. 070970063; A137035.
Submitted October 3, 2008.
October 29, 2008.
Appeal from the Multnomah County Circuit Court, Connie L. Isgro, Judge pro tempore.
Lance D. Perdue filed the brief for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Judy C. Lucas, Senior Assistant Attorney General, filed the brief for respondent.
Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.
PER CURIAM
Reversed.
In this mental commitment appeal, appellant contends that the record lacks clear and convincing evidence that, at the time of the commitment hearing, he was dangerous to himself and others because of a mental disorder. ORS 426.005(1)(d). The state concedes that the evidence is legally insufficient. On de novo review, State v. O'Neill, 274 Or 59, 61, 545 P2d 97 (1976), we agree.
Reversed.