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221 Or. App. 206

190 P.3d 385

State v. MS

In the Matter of M.S., Alleged to be a Mentally Retarded Person. STATE of Oregon, Respondent, v. M.S., Appellant.

Court of Appeals of Oregon

Decided July 16, 2008

Court of Appeals of Oregon · decided 2008-07-16

Applies OR 19 § 19.415 · OR 427 § 427.215 · OR 427 § 427.290

Relies on O'Neill v. O'Neill · 150 Or. App. 432 - State v. Neal

Decided 2008-07-16

M0707; A135159.

¶1Court of Appeals of Oregon.

Submitted June 6, 2008.
Decided July 16, 2008.

¶2Thomas A. Coleman, Portland, submitted the brief for appellant.

¶3Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Justice J. Rillera, Assistant Attorney General, filed the brief for respondent.

¶4Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

¶5PER CURIAM.

¶6In this involuntary commitment case, the trial court found appellant to be mentally retarded and subject to involuntary commitment because his retardation caused him to be a danger to himself and others, as well as unable to provide for his basic personal needs. ORS 427.215; ORS 427.290. On appeal, appellant contends that the record contains insufficient evidence to support the order of involuntary commitment. The state *386 concedes that the record is legally insufficient to prove the grounds for commitment. On de novo review, ORS 19.415(3); State v. Neal,150 Or.App. 432, 434, 946 P.2d 367 (1997) (citing State v. O'Neill,274 Or. 59, 545 P.2d 97 (1976)), we agree that the record is insufficient and that the trial court erred.

¶7Reversed.

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