575
Submitted July 5, reversed November 14, 2019
In the Matter of N. H.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
N. H.,
Appellant.
Marion County Circuit Court
18CC02710; A169596
Michael Newman, Senior Judge.
Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Patrick M. Ebbett, Assistant Attorney
General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Reversed.
576 State v. N. H.
PER CURIAM
Appellant challenges the order continuing appellant’s commitment to the Oregon Health Authority for a
period not to exceed 180 days. ORS 426.301; ORS 426.303;
ORS 426.307. Appellant contends that the trial court erred
because the record lacks clear and convincing evidence
that appellant continues to be a person with a mental illness who is in need of further treatment. ORS 426.307; ORS
426.005(1)(f) (defining “person with mental illness”). The
state concedes that the evidence was legally insufficient
to support appellant’s continued commitment and that the
order should be reversed. We agree and accept the state’s
concession. Consequently, we reverse the order of continued
commitment.
Reversed.
