State v. A. S. (In re A. S.), 436 P.3d 97, 296 Or. App. 482 (2019)

March 6, 2019 · Court of Appeals of Oregon · A168152

436 P.3d 97, 296 Or. App. 482

In the MATTER OF A. S., a Person Alleged to have Mental Illness.

State of Oregon, Respondent,
v.
A. S., Appellant.

A168152

Court of Appeals of Oregon.

Submitted January 4, 2019.
March 6, 2019

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and David B. Thompson, 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 of continued commitment that extended her commitment to the Oregon Health Authority for a period not to exceed 90 days. See ORS 426.307(6). In her second assignment of error, appellant contends that the record does not contain legally sufficient evidence that, due to a mental disorder, she was unable to provide for her basic needs.¹ See ORS 426.005(1)(f)(B). The state concedes that the evidence was insufficient to prove that appellant was unable to provide for her basic needs and that the order should be reversed. We agree, accept the state's concession, and reverse the order continuing appellant's commitment.

Reversed.

1 Our disposition of appellant's second assignment of error obviates the need to address her first assignment of error.