759
Submitted December 6, 2019, reversed January 15, 2020
In the Matter of E. G.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
E. G.,
Appellant.
Clackamas County Circuit Court
19CC02304; A170981
Colleen F. Gilmartin, Judge pro tempore.
Jedediah Peterson and O’Connor Weber LLC filed the brief
for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Judy C. Lucas, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.
PER CURIAM
Reversed.
760 State v. E. G.
PER CURIAM
The trial court committed appellant to the custody
of the Mental Health Division for a period not to exceed
180 days based on a determination that he was a danger
to others and was unable to provide for his basic personal
needs. ORS 426.005(1)(f)(A), (B). Appellant contends that
the record does not contain clear and convincing evidence to
support the court’s conclusion that he is a danger to others
or unable to provide for his basic personal needs. 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 order.
Reversed.
