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213 Or. App. 120

State v. M. B.

Court of Appeals of Oregon

Decided May 23, 2007

Court of Appeals of Oregon · decided 2007-05-23

Applies OR 426 § 426.005

Decided 2007-05-23

PER CURIAM

¶1Appellant appeals a judgment of civil commitment in which the trial court concluded that he is a mentally ill person who, because of a mental disorder, is dangerous to himself and is unwilling, unable, or unlikely to participate in treatment on a voluntary basis. ORS 426.005(1)(d). He contends that (1) the trial court erred in overruling his objection to the admissibility of certain evidence on hearsay grounds and (2) the trial court erred in ordering him committed because the evidence is legally insufficient. The state agrees that the record does not contain sufficient evidence to support an involuntary commitment. We agree and accept the state’s concession. Because we agree that the evidence is legally insufficient to support the commitment, we need not address appellant’s other assignment.

¶2Reversed.

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