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224 Or. App. 474

State v. M. S. M.

Court of Appeals of Oregon

Decided December 10, 2008

Court of Appeals of Oregon · decided 2008-12-10

Applies OR 426 § 426.130

Decided 2008-12-10

PER CURIAM

¶1Appellant in this mental commitment case appeals a judgment committing him to the Mental Health Division for treatment for a period of time not to exceed 180 days. ORS 426.130. The trial court found that appellant suffers from a mental disorder and is unable to provide for his basic personal needs. The state concedes that the record lacks clear and convincing evidence that appellant’s mental disorder causes him to be unable to provide for his basic personal needs. On de novo review, we find the state’s concession to be well founded and accept it.

¶2Reversed.

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