From Casetext: Smarter Legal Research

State v. A. S. (In re A. S.)

COURT OF APPEALS OF THE STATE OF OREGON
Mar 6, 2019
436 P.3d 97 (Or. Ct. App. 2019)

Opinion

A168152

03-06-2019

In the MATTER OF A. S., a Person Alleged to have Mental Illness. State of Oregon, Respondent, v. A. S., Appellant.

Joseph R. DeBin 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.


Joseph R. DeBin 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 Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

PER CURIAMAppellant seeks reversal of an order of continued commitment that extended her commitment to the Oregon Health Authority for a period not to exceed 90 days. See ORS 426.307(6). In her second assignment of error, appellant contends that the record does not contain legally sufficient evidence that, due to a mental disorder, she was unable to provide for her basic needs. See ORS 426.005(1)(f)(B). The state concedes that the evidence was insufficient to prove that appellant was unable to provide for her basic needs and that the order should be reversed. We agree, accept the state’s concession, and reverse the order continuing appellant’s commitment.

Our disposition of appellant’s second assignment of error obviates the need to address her first assignment of error.
--------

Reversed.


Summaries of

State v. A. S. (In re A. S.)

COURT OF APPEALS OF THE STATE OF OREGON
Mar 6, 2019
436 P.3d 97 (Or. Ct. App. 2019)
Case details for

State v. A. S. (In re A. S.)

Case Details

Full title:In the Matter of A. S., a Person Alleged to have Mental Illness. STATE OF…

Court:COURT OF APPEALS OF THE STATE OF OREGON

Date published: Mar 6, 2019

Citations

436 P.3d 97 (Or. Ct. App. 2019)
436 P.3d 97