State v. V. M. S.

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FILED: August 29, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of V. M. S., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. V. M. S., Appellant. Multnomah County Circuit Court 120160480 A150681 Connie L. Isgro, Judge pro tempore. Submitted on August 03, 2012. Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant. John R. Kroger, Attorney General, Anna M. Joyce, Solicitor General, and Rebecca M. Johansen, Assistant Attorney General, filed the brief for respondent. Before Ortega, Presiding Judge, and Sercombe, Judge, and Hadlock, Judge. PER CURIAM Reversed. 1 PER CURIAM 2 In this mental commitment case, appellant appeals a judgment committing 3 her to the Mental Health Division for treatment for a period of time not to exceed 180 4 days. ORS 426.130. She contends that the trial court erred in finding that, because of a 5 mental disorder, she is unable to provide for her basic personal needs. The state concedes 6 that the record lacks clear and convincing evidence that appellant suffered from a mental 7 disorder and, because of that mental disorder, is unable to provide for her basic personal 8 needs. We find the state's concession to be well-founded and accept it. 9 Reversed. 1

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