State v. W. M. (In re W. M.), 446 P.3d 579, 299 Or. App. 117 (2019)

Aug. 21, 2019 · Court of Appeals of Oregon · A169781

446 P.3d 579, 299 Or. App. 117

In the MATTER OF W. M., a Person Alleged to have Intellectual Disabilities.

State of Oregon, Respondent,
v.
W. M., Appellant.

A169781

Court of Appeals of Oregon.

Submitted July 5, 2019.
August 21, 2019

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

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

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing him to the Department of [Multnomah] County Human Services for a period not to exceed one year. He contends that the trial court erred in finding that, due to an intellectual disability, appellant was a danger to others. See ORS 427.215 ; ORS 427.005(10). The state concedes that the record does not include clear and convincing evidence that appellant's intellectual disability caused him to be a danger to others at the time of the commitment hearing. We agree, accept the state's concession, and reverse the judgment of commitment.

Reversed.