State v. P. C. (In re P. C.), 428 P.3d 992, 294 Or. App. 295 (2018)

Oct. 3, 2018 · Court of Appeals of Oregon · A165015

428 P.3d 992, 294 Or. App. 295

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

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

A165015

Court of Appeals of Oregon.

Submitted August 3, 2018.
October 3, 2018

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Robert M. Wilsey, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM

Appellant seeks reversal of an order committing him to the custody of the Oregon Healthy Authority for a period not to exceed 180 days. See ORS 426.130. In his only assignment of error, appellant argues, in part, that the record lacked sufficient evidence that he was a danger to himself or unable to provide for his basic needs. See ORS 426.005(1)(f)(A) and (B). The state concedes that the evidence was insufficient to establish that appellant was a danger to himself or unable to provide for his basic needs. We agree, accept the state's concession, and reverse.

Reversed.