175
Submitted November 1, reversed December 4, 2019
In the Matter of R. C.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
R. C.,
Appellant.
Multnomah County Circuit Court
19CC02963; A171414
Monica M. Herranz, Judge pro tempore.
Joseph R. DeBin and Multnomah Defenders, Inc., filed
the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Patricia G. Rincon, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.
PER CURIAM
Reversed.
176 State v. R. C.
PER CURIAM
The trial court committed appellant to the custody
of the Mental Health Division for a period not to exceed 180
days and entered an order prohibiting appellant from purchasing or possessing firearms after determining that she
was a danger to others. ORS 426.005(1)(f)(A). Appellant contends that the record does not contain clear and convincing
evidence to support the trial court’s conclusion that she is
a danger to others. The state concedes that the record is
legally insufficient in that regard and that the judgment of
commitment should be reversed. We agree, accept the state’s
concession, and reverse the commitment judgment and the
order prohibiting the purchase or possession of firearms.
Reversed.
