State v. Shklyayev

Court of Appeals of Oregon

State v. Shklyayev

100 P.3d 789, 196 Or. App. 238, 2004 Ore. App. LEXIS 1463

Court of Appeals of Oregon·Decided November 10, 2004·No. 0304-64419; A121322·Published

Opinion

PER CURIAM

Appellant was committed to the custody of the Mental Health Division based on the trial court’s finding that, because of a mental disorder, appellant is dangerous to herself. ORS 426.005(l)(d)(A). She appeals, arguing that the trial court erred in finding that the state had proved by clear and convincing evidence that she is dangerous to herself. The state concedes that the record does not contain clear and convincing evidence to establish the required elements for an order of involuntary commitment. After reviewing the record, we accept the state’s concession.

Reversed.

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PER CURIAM

Appellant was committed to the custody of the Mental Health Division based on the trial court’s finding that, because of a mental disorder, appellant is dangerous to herself. ORS 426.005(l)(d)(A). She appeals, arguing that the trial court erred in finding that the state had proved by clear and convincing evidence that she is dangerous to herself. The state concedes that the record does not contain clear and convincing evidence to establish the required elements for an order of involuntary commitment. After reviewing the record, we accept the state’s concession.

Reversed.

State v. Shklyayev, 100 P.3d 789, 196 Or. App. 238, 2004 Ore. App. LEXIS 1463 (Or. Ct. App. 2004).

Pincite

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Opinion

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