State v. R. J. H.

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FILED: November 19, 2014 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of R. J. H., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. R. J. H., Appellant. Union County Circuit Court 13071753 A154873 Stephen N. Tiktin, Senior Judge. Submitted on October 03, 2014. Victoria K. Moffet filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Carson L. Whitehead, Assistant Attorney General, filed the brief for respondent. Before Sercombe, Presiding Judge, and Hadlock, Judge, and Tookey, Judge. PER CURIAM Reversed. DESIGNATION OF PREVAILING PARTY AND AWARD OF COSTS Prevailing party: [ ] [ ] [ ] Appellant No costs allowed. Costs allowed, payable by Costs allowed, to abide the outcome on remand, payable by 1 PER CURIAM 2 Appellant seeks reversal of an order committing him for a period not to 3 exceed 180 days. ORS 426.130. He contends that the trial court erred in concluding that, 4 as a result of a mental disorder, he is a danger to others. See ORS 426.005(1)(e). The 5 state concedes that the record does not contain legally sufficient evidence to support the 6 involuntary commitment and that the trial court's order should be reversed. We agree, 7 and accept the state's concession. 8 Reversed. 1

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