State v. M.P. (In re M.P.)

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

Court: Court of Appeals of Oregon.

Date published: Mar 5, 2014

323 P.3d 520 (Or. Ct. App. 2014)

261 Or. App. 550

Opinion

1300019MC; A154938.

2014-03-5

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

Wasco County Circuit Court. Janet L. Stauffer, Judge. Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.

PER CURIAM.

Wasco County Circuit Court.
Janet L. Stauffer, Judge.
Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.
Before ORTEGA, Presiding Judge, and DUNCAN, Judge, and DeVORE, Judge.

PER CURIAM.

Appellant seeks reversal of a judgment committing her as a mentally ill person for a period not to exceed 180 days. ORS 426.130. Appellant argues that, contrary to the trial court's ruling, the record does not establish by clear and convincing evidence that she is a danger to herself and unable to provide for her 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.