State v. M. S. D. (In re M. S. D.), 445 P.3d 950, 298 Or. App. 831 (2019)

Aug. 7, 2019 · Court of Appeals of Oregon · A169699

445 P.3d 950, 298 Or. App. 831

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

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

A169699

Court of Appeals of Oregon.

Submitted May 3, 2019.
August 7, 2019

Lindsey Burrows and O'Connor Weber LLC filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Colm Moore, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing her to the Mental Health Division for a period of up to 180 days. ORS 426.130. Appellant argues that the trial court erred because the record does not establish by clear and convincing evidence that she is a "person with mental illness." ORS 426.005(1)(f) ; ORS 426.130(1)(a)(C). The state concedes that the evidence in the record does not meet the legal standard for involuntary commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse the judgment of commitment.

Reversed.