State v. A. P. C. (In re A. P. C.), 423 P.3d 176, 293 Or. App. 113 (2018)

July 25, 2018 · Court of Appeals of Oregon · A164227

423 P.3d 176, 293 Or. App. 113

In the Matter of A. P. C., a Person Alleged to have Mental Illness.

STATE of Oregon, Respondent,
v.
A. P. C., Appellant.

A164227

Court of Appeals of Oregon.

Submitted June 1, 2018.
July 25, 2018

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jonathan N. Schildt, Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing him to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. In his only assignment of error, appellant argues that the record lacked sufficient evidence that, due to a mental disorder, appellant was a danger to himself or unable to provide for his basic needs. The state concedes that "the evidence is insufficient to establish that, because of his mental disorder, appellant was a danger to self or unable to provide for his basic needs" and that the judgment of commitment should be reversed. We agree, accept the state's concession, and reverse.

Reversed.