603
Submitted June 5, reversed July 22, 2020
In the Matter of K. A. M.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
K. A. M.,
Appellant.
Lane County Circuit Court
19CC06165; A172995
Clara L. Rigmaiden, Judge.
Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Peenesh Shah, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
PER CURIAM
Reversed.
604 State v. K. A. M.
PER CURIAM
Appellant seeks reversal of a judgment committing her to the custody of the Oregon Health Authority for
a period not to exceed 180 days, ORS 426.130(1)(a)(C), and
prohibiting her from purchasing or possessing firearms,
ORS 426.130(1)(a)(D). The trial court found that appellant
was a danger to herself and others because of a mental disorder based on evidence that appellant had engaged in combative behavior in resisting involuntary commitment. On
appeal, she argues that the record does not contain legally
sufficient evidence to support the involuntary commitment.
The state concedes that the record is legally insufficient in
that regard and that the judgment of commitment should
be reversed. We agree and accept the state’s concession. See
State v. S. E. R.,
(2019)
(reversing mental commitment where there was no evidence
that the appellant would be a danger to herself or others
outside of a hospital setting). We therefore reverse the commitment judgment and the order prohibiting the purchase
or possession of firearms.
Reversed.
