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346 Or. App. 708

State v. R. E. L.

Court of Appeals of Oregon

Decided January 28, 2026

This page is marked noindex.

Court of Appeals of Oregon · decided 2026-01-28

Applies OR 426 § 426.005

Reversed · Decided 2026-01-28

708                 January 28, 2026                No. 45

   This is a nonprecedential memorandum opinion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 R. E. L.,
         a Person Alleged to have Mental Illness.
                  STATE OF OREGON,
                       Respondent,
                            v.
                         R. E. L.,
                        Appellant.
            Multnomah County Circuit Court
                  25CC01816; A187354

  Jane W. Fox, Judge.
  Submitted December 12, 2025.
   Joseph R. DeBin and Multnomah Defenders, Inc., filed
the brief for appellant.
   Dan Rayfield, Attorney General, Benjamin Gutman,
Interim Deputy Attorney General, and Julia Glick, Assistant
Attorney General, filed the brief for respondent.
  Before Lagesen, Chief Judge, and Egan, Judge.
  EGAN, J.
  Reversed.
Nonprecedential Memo Op: 
346 Or App 708
 (2026)           709

        EGAN, J.
         Appellant appeals a judgment committing him to
the Mental Health Division for a period not to exceed 180
days on the basis that he had a mental disorder and that, as
a result, he posed a danger to himself. ORS 426.005(1)(f)(A)
(2025). The trial court made that finding after a hearing in
which witnesses testified and opined that appellant’s mental disorder causes him to pose a danger to others. Appellant
contends that there was insufficient evidence for the court
to commit him on the basis that he posed a danger to himself. The state concedes that the record lacks sufficient evidence for the court to so find. Having reviewed the record,
we accept the state’s concession and reverse the judgment of
commitment.
        Reversed.

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