State v. D. S.

FILED: May 10, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of D. S.
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

D. S.,

Appellant.

0506-66137; A128962

Appeal from Circuit Court, Multnomah County.

Lewis B. Lawrence, Judge.

Submitted on record and brief April 6, 2006.

Kirkland T. Roberts filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Brewer, Chief Judge, and Rosenblum, Judge.

PER CURIAM.

Reversed.

PER CURIAM

Appellant in this mental commitment case appeals a judgment committing him to the Mental Health Division for treatment for a period of time not to exceed 180 days. ORS 426.130. The trial court found that appellant suffers from a mental disorder and is dangerous to himself. The state concedes that the record does not contain clear and convincing evidence that appellant is dangerous to himself. A discussion of the facts would be of no benefit to the bench, the bar, or the public. On de novo review, we find the state's concession to be well-founded and therefore accept it.

Reversed.