State v. M. L. L. (In re M. L. L.), 423 P.3d 816, 293 Or. App. 430 (2018)

Aug. 15, 2018 · Court of Appeals of Oregon · A166551

423 P.3d 816, 293 Or. App. 430

In The Matter of M. L. L., a Person Alleged to have Mental Illness.

STATE of Oregon, Respondent,
v.
M. L. L., Appellant.

A166551

Court of Appeals of Oregon.

Submitted June 1, 2018.
August 15, 2018

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Adam Holbrook, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Garrett, Judge, and Powers, Judge.

PER CURIAM

Appellant seeks reversal of an order committing him to the Oregon Health Authority for a period not to exceed 180 days based on a finding that he is a "person with a mental illness." ORS 426.130(1)(a)(C). He contends that the state failed to prove by clear and convincing evidence that, because of a mental disorder, he is unable to provide for his basic needs. ORS 426.005(1)(f)(B). The state concedes that the evidence is legally insufficient to support the basic-needs finding and that the order should be reversed. We agree, accept the state's concession, and reverse the commitment order.

Reversed.