State v. A. H.

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618 November 18, 2020 No. 548 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of A. H., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. A. H., Appellant. Multnomah County Circuit Court 20CC00624; A173580 Monica M. Herranz, Judge pro tempore. Submitted October 2, 2020. Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher Page, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge. PER CURIAM Reversed. Cite as 307 Or App 618 (2020) 619 PER CURIAM Appellant seeks reversal of an order committing him to the custody of the Mental Health Division for a period not to exceed 180 days on the grounds that he is unable to provide for his basic personal needs and is not receiving care necessary to avoid serious physical harm in the near future. See ORS 426.005(1)(f)(B). He challenges the sufficiency of the state’s evidence to support the court’s basic-needs determination. The state concedes that the record is legally insufficient in that regard and that the commitment order should be reversed. We agree and accept the state’s concession. Reversed.

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