State v. T. W. (In re T. W.)

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

Court: COURT OF APPEALS OF THE STATE OF OREGON

Date published: Mar 20, 2019

436 P.3d 98 (Or. Ct. App. 2019)

436 P.3d 98

Opinion

A168537

03-20-2019

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

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Kirsten M. Naito, Assistant Attorney General, filed the brief for respondent.

PER CURIAM.

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Kirsten M. Naito, Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

PER CURIAMAppellant seeks reversal of a judgment committing her to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. In her sole 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 support the trial court’s determination that appellant was a person with mental illness and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the judgment.

Reversed.