State v. C. S. (In re C. S.), 424 P.3d 828, 293 Or. App. 509 (2018)

Aug. 22, 2018 · Court of Appeals of Oregon · A164675

424 P.3d 828, 293 Or. App. 509

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

STATE of Oregon, Respondent,
v.
C. S., Appellant.

A164675

Court of Appeals of Oregon.

Submitted July 6, 2018.
August 22, 2018

Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Inge D. Wells, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing him to the Oregon Health Authority for a period not to exceed 180 days and prohibiting him from purchasing or possessing a firearm. ORS 426.130. He contends that the state failed to prove by clear and convincing evidence that, because of a mental disorder, he is dangerous to himself. ORS 426.005 (1)(f)(A). The state concedes that the evidence is legally insufficient to support appellant's involuntary commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse the judgment of commitment. Because we reverse on that basis, we do not address appellant's second assignment of error.

Reversed.