State v. K. D.

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FILED: October 22, 2014 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of K. D., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. K. D., Appellant. Coos County Circuit Court 6309 A156376 Richard L. Barron, Judge. Submitted on September 05, 2014. Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Sarah M. Villanueva, 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 a judgment committing her for a period not to 3 exceed 180 days. ORS 426.130. She asserts that "there is not clear and convincing 4 evidence in the record that she was mentally ill as defined under ORS 426.005(1)(e)(C)" 5 and that the trial court erred in concluding that she "was mentally ill as defined under" 6 that provision. The state concedes that the record does not contain legally sufficient 7 evidence to support the court's judgment committing appellant, pursuant to ORS 8 426.005(1)(e)(C), "as a person with chronic mental illness" and that, accordingly, the trial 9 court's judgment should be reversed. We agree, and accept the state's concession. 10 Reversed. 1

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