State v. M. S. P.

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580 June 3, 2015 No. 260 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of M. S. P., Alleged to be a Person with Mental Illness. STATE OF OREGON, Respondent, v. M. S. P., Appellant. Multnomah County Circuit Court 14CC03343; A158426 Connie L. Isgro, Judge pro tempore. Submitted April 3, 2015. Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Judy C. Lucas, Senior Assistant Attorney General, filed the brief for respondent. Before Duncan, Presiding Judge, and Lagesen, Judge, and Flynn, Judge. PER CURIAM Reversed. Cite as 271 Or App 580 (2015) 581 PER CURIAM Appellant seeks reversal of a judgment of commitment entered pursuant to ORS 426.130, which provides for the commitment of a person with mental illness to the Oregon Health Authority. Appellant argues that, contrary to the trial court’s ruling, the record does not establish by clear and convincing evidence that he is a danger to himself because of a mental disorder. See ORS 426.005(1)(e). The state concedes that the evidence is legally insufficient for involuntary commitment and that the judgment should be reversed. We agree, accept the state’s concession, and reverse. Reversed.

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