171
Submitted November 9, reversed December 23, 2020
In the Matter of M. G.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
M. G.,
Appellant.
Multnomah County Circuit Court
20CC01871; A173970
Julia A. Philbrook, 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 Leigh A. Salmon, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
PER CURIAM
Reversed.
172 State v. M. 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 unable to meet his
basic needs. ORS 426.005(1)(f)(B). Appellant contends that
the record does not contain clear and convincing evidence to
support the court’s conclusion that he is unable to provide
for his basic 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.
