State v. D. R. H. (In re D. R. H.), 431 P.3d 472, 295 Or. App. 515 (2018)

Dec. 19, 2018 · Court of Appeals of Oregon · A167218

431 P.3d 472, 295 Or. App. 515

In the MATTER OF D. R. H., a Person Alleged to have Mental Illness.

State of Oregon, Respondent,
v.
D. R. H., Appellant.

A167218

Court of Appeals of Oregon.

Submitted November 2, 2018.
December 19, 2018

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing him to the Mental Health Division for a period not to exceed 180 days based on the court's determination that he was a person with a chronic mental illness under the expanded criteria set forth in ORS 426.005(1)(f)(C)(i) to (iv). The state concedes that the evidence is legally insufficient to support the involuntary commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse the commitment judgment.¹

Reversed.

1 Because we agree with the state's concession in that regard, we need not reach appellant's other assignments of error.