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235 Or. App. 693

234 P.3d 149

State v. DJB

In the Matter of D.J.B., Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. D.J.B., Appellant.

Court of Appeals of Oregon

Decided June 16, 2010

Court of Appeals of Oregon · decided 2010-06-16

Applies OR 19 § 19.415 · OR 426 § 426.005 · OR 426 § 426.130

Decided 2010-06-16

300814507; A139424.

¶1Court of Appeals of Oregon.

Submitted May 20, 2010.
Decided June 16, 2010.

¶2James A. Palmer filed the brief for appellant.

¶3John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Kristen G. Williams, Assistant Attorney General, filed the brief for respondent.

¶4Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

¶5PER CURIAM.

¶6Appellant seeks reversal of the trial court's judgment committing her as a mentally *150 ill person for a period not to exceed 180 days. ORS 426.130. Appellant contends that the record does not establish by clear and convincing evidence that she is a danger to herself or others as the result of a mental disorder. See ORS 426.005(1). The state concedes that the record lacks clear and convincing evidence to support the involuntary commitment and that the trial court's judgment should be reversed. On de novo review,[1] we agree, accept the state's concession, and reverse.

¶7Reversed.

NOTES

¶8[1] ORS 19.415, which governs our standard of review, was recently amended. Or. Laws 2009, ch. 231, §§ 2-3. The amendments apply to appeals in which the notice of appeal was filed on or after June 4, 2009. Because the notice of appeal in this case was filed before that date, the amendments do not apply.

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