State v. G. W. (In re G. W.), 447 P.3d 82, 299 Or. App. 205 (2019)

Aug. 28, 2019 · Court of Appeals of Oregon · A170034
447 P.3d 82, 299 Or. App. 205
In the MATTER OF G. W., a Person Alleged to have Mental Illness. State of Oregon, Respondent, v. G. W., Appellant.

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

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

A170034

Court of Appeals of Oregon.

Submitted July 5, 2019.
August 28, 2019

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

PER CURIAM

*83*206Appellant seeks reversal of a judgment committing her to the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant contends that the trial court erred because the record does not contain clear and convincing evidence that appellant is a "person with mental illness." ORS 426.005(1)(f). The state concedes that the evidence is legally insufficient to support appellant's commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse the judgment of commitment.

Reversed.