State v. N. D. M. (In re N. D. M.), 447 P.3d 1219, 299 Or. App. 385 (2019)

Sept. 11, 2019 · Court of Appeals of Oregon · A170035

447 P.3d 1219, 299 Or. App. 385

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

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

A170035

Court of Appeals of Oregon.

Submitted July 5, 2019.
September 11, 2019

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Inge D. Wells, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing him to the custody of the Mental Health Division for a period not to exceed 180 days under ORS 426.005(1)(f)(A) on the ground that he suffered from a mental disorder that made him dangerous to himself. He challenges the sufficiency of the state's evidence that he was dangerous to himself. The state concedes that the record is legally insufficient in that regard and that the judgment of commitment should be reversed. We agree and accept the state's concession.

Reversed.