State v. L. M.

455 P.3d 605, 453 P.3d 634, 301 Or. App. 222, 301 Or. App. 303

Opinion

Submitted October 4, reversed December 11, 2019

In the Matter of L. M., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. L. M., Appellant. Multnomah County Circuit Court 18CC04578; A168855 453 P3d 634

Maurice K. Merten, Judge. Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Lauren P. Robertson, Assistant Attorney General, filed the brief for respondent. Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge. PER CURIAM Reversed. 304 State v. L. M.

PER CURIAM Appellant seeks reversal of a judgment commit- ting him to the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant contends that the state failed to prove by clear and convincing evidence that he met the criteria for civil commitment. ORS 426.005(1)(f). The state concedes that the evidence is legally insufficient to support appellant’s involuntary commitment and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the judgment of commitment. Reversed.