No. 204 March 27, 2024 663
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
In the Matter of M. A.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
M. A.,
Appellant.
Malheur County Circuit Court
23CC05876; A182418
Erin K. Landis, Judge.
Submitted February 5, 2024.
Liza Langford filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Julia Glick, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
PER CURIAM
Reversed.
664 State v. M. A.
PER CURIAM
Appellant seeks reversal of a judgment involuntarily committing her to the Oregon Health Authority for
a period not to exceed 180 days. See ORS 426.130. In two
assignments of error, appellant contends that the record
does not contain legally sufficient evidence that, due to a
mental disorder, she was a danger to herself and a danger to others. See ORS 426.005(1)(f)(A); State v. S. S.,
(2021) (“For purposes of ORS
426.005(1)(f)(A), a person is dangerous to self if the person’s
mental disorder would cause him or her to engage in behavior that is likely to result in physical harm to self in the
near term.” (Brackets and internal quotation marks omitted.)); State v. S. R. J.,
(2016) (“Similarly, to permit commitment on the basis that a
person is dangerous to others, the state must establish that
actual future violence is highly likely.” (Internal quotation
marks omitted.)). The state concedes that the evidence was
insufficient to support the trial court’s determination that
appellant was a danger to herself or others and that the
judgment should be reversed. We agree that the evidence
here was insufficient, we accept the state’s concession, and
we reverse the judgment.1
Reversed.
1
As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge
panel.
