State v. T. B.

                               856

              Submitted May 1, reversed June 17, 2020


                  In the Matter of T. B.,
         a Person Alleged to have Mental Illness.
                  STATE OF OREGON,
                       Respondent,
                            v.
                          T. B.,
                        Appellant.
              Marion County Circuit Court
                  19CC03345; A172954
                           

  Heidi O Strauch, 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 Rebecca M. Auten, Assistant Attorney
General, filed the brief for respondent.
  Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
  PER CURIAM
  Reversed.
Cite as 

 (2020)                            857

        PER CURIAM
         Appellant seeks reversal of a judgment continuing her commitment to the Oregon Health Authority for a
period not to exceed 180 days. ORS 426.307. Appellant contends that the trial court erred because the record does not
contain clear and convincing evidence that, due to a mental
disorder, she was unable to provide for her basic needs. ORS
426.005(1)(f)(B). The state concedes that the evidence is
legally insufficient to support appellant’s continued commitment and that the judgment should be reversed. We agree,
accept the state’s concession, and reverse the judgment of
continued commitment.
        Reversed.