861
Submitted March 8, reversed April 21, 2021
In the Matter of J. B.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
J. B.,
Appellant.
Multnomah County Circuit Court
20CC02260; A174019
Monica M. Herranz, 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 Inge D. Wells, Assistant Attorney
General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Reversed.
862 State v. J. B.
PER CURIAM
Appellant appeals the judgment committing him
to the Mental Health Division for a period not to exceed
180 days and an order prohibiting him from purchasing or
possessing a firearm pursuant to ORS 426.130. Appellant
argues that there was insufficient evidence for the court
to find that he had a mental illness. The judgment that
defendant had a mental illness was based on findings that
appellant was dangerous to self and others. ORS 426.005
(1)(f)(A). The state concedes that the evidence in the record
is insufficient to support commitment on the basis that he
was a danger to others. We agree and accept that concession. The state argues, however, that the evidence as to
danger to self was sufficient. We have reviewed the record,
discussion of which would not benefit the bench, the bar, or
the public. We agree with appellant that the record is insufficient to support commitment on the basis of danger to self.
Consequently, we reverse appellant’s judgment of commitment and firearm order.
Reversed.
