State v. D. G. (In re D. G.), 442 P.3d 607, 298 Or. App. 286 (2019)

June 19, 2019 · Court of Appeals of Oregon · A169118

442 P.3d 607, 298 Or. App. 286

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

State of Oregon, Respondent,
v.
D. G., Appellant.

A169118

Court of Appeals of Oregon.

Submitted April 5, 2019.
June 19, 2019

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Cecil A. Reniche-Smith, 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 continuing his commitment to the Oregon Health Authority for a period not to exceed 180 days. ORS 426.307. Appellant contends that the trial court erred because the record does not contain clear and convincing evidence that appellant continues to be a person with a mental illness who is in need of further treatment. Id. ; ORS 426.005(1)(f) (defining "person with mental illness"). The state concedes that the evidence is legally insufficient to support appellant's continued commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse the judgment of continued commitment.

Reversed.