State v. A. H.

                                618

           Submitted October 2, reversed November 18, 2020


                  In the Matter of A. H.,
         a Person Alleged to have Mental Illness.
                  STATE OF OREGON,
                       Respondent,
                            v.
                          A. H.,
                        Appellant.
            Multnomah County Circuit Court
                   20CC00624; A173580
                            

  Monica M. Herranz, Judge pro tempore.
    Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Christopher Page, Assistant Attorney
General, filed the brief for respondent.
  Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
  PER CURIAM
  Reversed.
Cite as 

 (2020)                             619

        PER CURIAM
          Appellant seeks reversal of an order committing
him to the custody of the Mental Health Division for a period
not to exceed 180 days on the grounds that he is unable to
provide for his basic personal needs and is not receiving care
necessary to avoid serious physical harm in the near future.
See ORS 426.005(1)(f)(B). He challenges the sufficiency of
the state’s evidence to support the court’s basic-needs determination. The state concedes that the record is legally insufficient in that regard and that the commitment order should
be reversed. We agree and accept the state’s concession.
        Reversed.