State v. K. S. D. M. (In re K. S. D. M.), 435 P.3d 836, 296 Or. App. 221 (2019)

Feb. 21, 2019 · Court of Appeals of Oregon · A168853

435 P.3d 836, 296 Or. App. 221

In the MATTER OF K. S. D. M., a Person Alleged to Have Mental Illness.

State of Oregon, Respondent,
v.
K. S. D. M., Appellant.

A168853

Court of Appeals of Oregon.

Submitted January 4, 2019.
February 21, 2019

Jospeh 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

The trial court committed appellant to the custody of the Mental Health and Developmental Disability Services Division for a period not to exceed 180 days after determining that she was unable to provide for her basic needs because of a mental disorder. See ORS 426.005 (1)(f)(B). On appeal, she argues that the record does not contain legally sufficient evidence to support an involuntary commitment on that basis. The state concedes that the record is legally insufficient in that regard and that the judgment of commitment should be reversed. We agree, accept the state's concession, and reverse the commitment judgment.

Reversed.