State v. L. M.

                                303

           Submitted October 4, reversed December 11, 2019


                 In the Matter of L. M.,
         a Person Alleged to have Mental Illness.
                    STATE OF OREGON,
                        Respondent,
                             v.
                           L. M.,
                         Appellant.
               Multnomah County Circuit Court
                    18CC04578; A168855
                            

   Maurice K. Merten, Judge.
    Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Lauren P. Robertson, Assistant Attorney
General, filed the brief for respondent.
  Before Ortega, Presiding Judge, and Shorr, Judge, and
James, Judge.
   PER CURIAM
   Reversed.
304                                           State v. L. M.

        PER CURIAM
         Appellant seeks reversal of a judgment committing him to the Mental Health Division for a period not to
exceed 180 days. ORS 426.130. Appellant contends that the
state failed to prove by clear and convincing evidence that
he met the criteria for civil commitment. ORS 426.005(1)(f).
The state concedes that the evidence is legally insufficient
to support appellant’s involuntary commitment and that the
judgment should be reversed. We agree, accept the state’s
concession, and reverse the judgment of commitment.
        Reversed.